The Pregnant Workers Fairness Act (“PWFA”) is scheduled to go into effect on June 27, 2023. The PWFA, which will apply to private employers with more than 15 employees and most public sector employers, requires employers to provide reasonable accommodations to a qualified employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless […]
Author: Keith Hammond
Florida Enacts Immigration Legislation
On May 10, 2023, Florida Governor Ron DeSantis signed into law Senate Bill No. 1718, which revises numerous Florida laws pertaining to immigration. Florida employers should be aware of provisions requiring certain employers to use the E-Verify system to verify new employees’ employment eligibility, and the substantial penalties that may be levied against them for […]
NLRB Finds Confidentiality and Non-Disparagement Provisions in Severance Agreements to Be Unlawful
On February 21, 2023, the National Labor Relations Board ruled that confidentiality and non-disparagement provisions in severance agreements offered to furloughed employees violated Sections 7 and 8(a)(1) of the National Labor Relations Act. Section 7 of the Act guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through […]
FTC Proposes Rule to Ban Non-Compete Clauses
The Federal Trade Commission proposed a rule to ban non-compete clauses on January 5, 2023. In a press release, the FTC claimed such contractual provisions are “a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.” The FTC will accept comments from the public through March 10, […]
New Federal Law Bars Mandatory Arbitration of Sexual Harassment Claims
President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act on March 3, 2022. The Act amends the Federal Arbitration Act to state that, at the election of the person alleging conduct constituting a sexual harassment dispute or a sexual assault dispute, “no predispute arbitration agreement or predispute joint-action […]
OSHA Withdraws COVID-19 Vaccination and Testing ETS
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced today it is withdrawing the vaccination and testing Emergency Temporary Standard (“ETS”) issued on Nov. 5, 2021. The withdrawal is effective January 26, 2022. Earlier this month, the U.S. Supreme Court dealt a blow to OSHA when it stayed enforcement of the ETS, finding […]
SCOTUS Stays Enforcement of OSHA ETS, Allows CMS Interim Final Rule to Proceed
The U.S. Supreme Court issued two opinions on January 13, 2022, that will significantly impact many employers. In National Federal of Independent Business v. Department of Labor, OSHA, the Court granted a stay of any enforcement by OSHA of the ETS it issued in November 2021, which would have required covered employers to implement workplace […]
OSHA Vaccination Mandate Reinstated by Appeals Court
On December 17, 2021, the Sixth Circuit Court of Appeals entered an order dissolving the stay of OSHA’s Emergency Temporary Standard (“ETS”) that had previously been issued by the Fifth Circuit. The ETS applies to private employers with 100 or more employees and certain public employers, and requires covered employers to develop, implement, and enforce […]
Florida DOE Publishes Updated Minimum Wage Posters
The Florida Department of Economic Opportunity has published updated minimum wage posters to reflect the increase to $10.00 per hour, which will go into effect on September 30, 2021. Employers must post in a conspicuous place notice to their employees of the minimum wage. While many employers utilize all-in-one posters from private vendors, they should […]
Florida Minimum Wage to Increase on September 30, 2021
Voters in Florida passed a Constitutional Amendment in the November 2020 election to increase the state’s minimum wage in incremental steps to $15.00 per hour by the end of 2026. The first of five annual increases will go into effect on September 30, 2021, when the minimum wage will increase to $10.00 per hour. Employees […]