In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the...more
A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has upheld a preliminary injunction blocking enforcement of Florida’s Individual Freedom Act. Honeyfund.Com Inc, et al. v. Governor, State of...more
The Department of Labor (DOL) Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The...more
The “Dual Jobs” Final Rule, which regulates when employers may take a tip credit under the Fair Labor Standards Act (FLSA), is a valid and reasonable exercise of the Department of Labor’s (DOL) authority, a federal district...more
On June 6, 2023, Governor DeSantis signed Senate Bill (SB) 2262, legislation intended to create a “Digital Bill of Rights” for Floridians. While Florida’s new law provides similar privacy rights to consumers as other states’...more
On May 25, 2023, the Governor of Florida signed a bill amending the Florida Telephone Solicitation Act (FTSA). The amendments under Florida’s House Bill (HB) 761, become effective immediately upon signing by the Governor....more
With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more
Invoking the “upside down world” depicted in Netflix drama, Stranger Things, the federal District Court for the Northern District of Florida blocked Florida’s Individual Freedom Act (IFA) on constitutional grounds....more
There are two key cases pending before the U.S. District Court for the Northern District of Florida on Florida’s “Stop W.O.K.E. Act”: the Falls, et al. v. DeSantis, et al., matter (No. 4:22-cv-00166) and the Honeyfund.com, et...more
Governor Ron DeSantis has signed HB 7, nicknamed the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to Our Kids and Employees.” The new law’s stated purpose is to protect individual freedoms and prevent discrimination...more
The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools. The measure, however, will likely expand an...more
The restaurant industry continues its slow, but steady recovery from the impacts of COVID-19. One of the most critical issues facing employers is attracting and retaining talent in the face of increasing difficulties to do...more
Restaurants should be on higher alert for potential inspections from the Occupational Safety and Health Administration (OSHA) in light of the agency’s recent Updated Interim Enforcement Response Plan for COVID-19 and National...more
With COVID-19 vaccinations rolling out across the country, loosening restrictions on operations, increased demand, and other signs of recovery in the industry, hospitality employers are poised to expand their workforces. This...more
COVID-19 vaccinations are front of mind for restaurant employers looking to return to “normal” in what has been a hard year for the industry. The potential for employee vaccination comes with many questions. Adding to the...more
Restauranteurs continue to be challenged by the mandated closures and limitations on operations because of the COVID-19 pandemic. Nevertheless, the industry may be facing new legal challenges in 2021 as this sector’s economic...more
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump nominated the Honorable Amy Coney Barrett to the U.S. Supreme Court. This episode of We get work™ addresses Justice Ginsburg’s legacy as it relates to...more
In the wake of Justice Ruth Bader Ginsburg’s death, President Donald Trump has nominated the Honorable Amy Coney Barrett, who sits on the federal U.S. Court of Appeals for the Seventh Circuit, to the U.S. Supreme Court. A...more
It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more