Many businesses find the fluctuating workweek option attractive because it has the potential to relieve some of the financial pressure associated with overtime payments. But applying it incorrectly could land you in deep trouble with the Department of Labor. Before you jump on board, make sure you understand the stipulations of the provision and how […]
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Year: 2018
Is Terminating an Employee Due to an Abo...
On October 11, 2018, the Middle District Court of Florida held that employment discrimination based on having or not having an abortion might lead to a recognizable claim of sex discrimination under Title VII. While the law is certainly not settled on this issue, we can see a certain trend emerging. In DeJesus v. Florida […]
DOL Abandons the 80/20 Tip Credit Rule
On November 8, 2018, the Department of Labor (DOL) retracted its “80/20 rule,” which prevented employers from taking the tip credit when tipped employees spent more than 20 percent of their working time on non-tipped work. The Fair Labor Standards Act (FLSA) allows employers to pay their tipped employees not less than $2.13 per hour […]
Florida Employers: 2019 Minimum Wage Ris...
It’s that time of year again. Florida’s minimum wage will increase from $8.25 to $8.46 per hour on January 1, 2019. For tipped employees, the maximum tip credit will remain $3.02 per hour, while the minimum cash wage for tipped employees will increase from $5.23 to $5.44 per hour.
DOL Taking a Second Crack at New Salary ...
On October 17,2018, the U.S. Department of Labor (DOL) finished a series of listening sessions for interested parties where it gathered opinions from stakeholders. Those sessions were in advance of issuing a Notice of Proposed Rulemaking (NPRM), which is scheduled for March. An NPRM is the next step in the process to establish a new […]
Employment Best Practices for I-9 Docume...
Employees are required to present original documents that demonstrate their identity and employment authorization within three business days of the date the employee begins employment. Copies of the identifying documents is insufficient for compliance. Upon presentation, an employer is required to examine the original documents to determine if they reasonably appear to be genuine and […]
Employer’s Guide to Enduring the Employm
It seems annually, Florida braces itself for multiple hurricanes to hammer our communities and ravage our property. It is easy to get complacent, but safety and security should be paramount as residents brace for the expected damage. For businesses, storms not only represent a danger to the physical property of the business, but also places […]
DOL Issues New Compliance Guidance for E...
On April 12, 2018, in an effort to provide meaningful compliance assistance to employers, the Department of Labor (DOL) issued three opinion letters and a fact sheet. An opinion letter is an official, written opinion that represents the DOL policy and describes how a particular law applies in specific circumstances presented by the person or […]
Eleventh Circuit Affirms Sex Discriminat...
At the trial of an EEOC-initiated Title VII sex discrimination lawsuit, a jury awarded damages after finding that the employer had discriminated against the intervenor-plaintiff Contrice Travis when it denied her a promotion in favor of a male employee. In EEOC v. Exel, Inc., the Eleventh Circuit affirmed the district court’s denial of the employer’s […]
Transgender Discrimination Recognized As...
On March 7, 2108, the 6th Circuit Court of Appeals (which covers Kentucky, Michigan, Ohio, and Tennessee) granted summary judgment to the Equal Employment Opportunity Commission (EEOC) on its claim that a former employee of a funeral home was fired from her job because of her transgender status in violation of Title VII of the […]