Effective May 29, 2024, OSHA's new "walkaround rule" allows both employers and employees to designate third-party representatives, including union organizers, to accompany inspectors during site inspections. This change raises concerns about potential union recruitment during inspections. Employers can mitigate liability risks by requiring third parties to sign liability waivers and non-disclosure agreements. The rule prohibits representatives from obstructing inspections, with violations leading to potential expulsion. Employers should prepare for these changes to ensure compliance and prevent disputes.
Read MoreBig news for employers! The FTC's ban on non-compete agreements is in jeopardy. Learn about the exceptions, legal challenges, and what employers can do to prepare.
Read MoreThe Department of Labor (DOL) has officially released its FINAL RULE outlining the criteria for determining whether a worker should be classified as an employee or an independent contractor. While this rule might seem familiar to those acquainted with the pre-2021 standard, it brings some much-needed clarity to a complex issue that has led to extensive litigation in employment law. This article explores the key factors and challenges associated with the DOL's latest guidance, shedding light on the intricacies of worker classification.
Read MoreExciting news! The 2023 Form I-9 is here, sleeker than ever! It's gone from 2 pages to 1, with updates and an "E-Verify" box. But remember, simplicity is deceptive—there's a 146-page guide! Stay compliant and avoid penalties. Get it done with the new Form I-9!
Read MoreThe National Labor Relations Board (NLRB) has recently targeted employee handbooks, introducing regulations that may be challenging for employers. Policies on social media, confidentiality, and cell phone use, previously deemed lawful, are now under scrutiny. Even if a business doesn’t have a union, the NLRB’s rules may still apply. It's crucial for employers to review and possibly revise their handbooks in light of these changes.
Read MoreRecent changes in Florida's driving regulations might affect a small percentage of drivers. As of July 1, 2023, specific licenses from VT, CT, DE, and HI may be considered invalid for driving in Florida. This largely affects licenses marked with terms such as "Not For Federal Identification" or "Not Valid for Identification." If stopped with one of these licenses, drivers may face criminal charges and potential penalties. However, these licenses remain valid for employment verification. The legality of this new law, possibly violating the US Constitution's Full Faith and Credit clause, remains under debate. If impacted, seek legal counsel or ensure you acquire a valid Florida license.
Read MoreStay informed about the latest updates in employment eligibility verification with the new Form I-9 for 2023. USCIS has made significant improvements, condensing Sections 1 and 2, enhancing mobile accessibility, and separating Preparer/Translator Certification and Reverification sections. Employers can now complete the Form using remote verification, streamlining the process.
Read MoreGreat news for employers in 2023! Starting August 1, 2023, the U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS) has granted authorization to the U.S. Immigration and Customs Enforcement (ICE) for an "alternative document examination procedure." Additionally, a new and improved version of the Form I-9 is set to be released on the same date.
Read MoreDiscover the new standard for religious accommodations in the workplace. Learn how the recent Supreme Court ruling impacts your obligations as an employer and what constitutes "undue hardship." Stay informed to avoid legal risks and consult with an employment attorney for guidance.
Read MoreDiscover the new mandatory E-Verify requirements for Florida employers of 25 or more employees. Learn about the compliance deadline, penalties for non-compliance, and the complete overhaul of employment eligibility verification. Find out how to enroll in the Federal E-Verify system, ensure compliance, and avoid hefty fines. Act now to stay ahead of the July 1, 2023 deadline and avoid the risk of retroactive enforcement. Get expert guidance and support for navigating the E-Verify process. Contact us today for assistance with E-Verification in Florida.
Read MoreComplying with the Family and Medical Leave Act (“FMLA”) is notoriously treacherous, with opportunities to accidentally “interfere” with your employees’ leave – and thus invite equally treacherous litigation – at every turn.
Read More2023 must have the Federal Trade Commission (“FTC”) feeling particularly ambitious because on January 5, 2023, the FTC proposed a new rule – 16 CFR Part 910 (the “Rule”) – which would not just limit, but outright ban the enforcement of non-competition agreements nationwide.
Read MoreAs a part of its multi-year project to clarify the differences between an employee and an independent contractor, the Department of Labor (“DOL”) has issued yet another new set of standards for determining proper worker classification.
Read MoreOn September 30, 2022, Florida’s minimum hourly wage for non-exempt employees will rise from $10.00/hour to $11.00/hour. This raise is part of a multi-year schedule approved by Florida voters in November of 2020 that will see Florida’s minimum wage rise by $1.00 per year until September 30, 2026, when Florida’s minimum wage will ultimately settle at $15.00/hour.
Read MoreJust when you thought you would not have to review another COVID update from the Sensenig Law Firm, last week the U.S. Centers for Disease Control and Prevention (“CDC”) released an update to its guidance on dealing with the ongoing COVID-19 pandemic. The good news is that this latest update is a far cry from the litany of Excel spreadsheets and flowcharts the CDC has been issuing periodically for the past two years. This is good news for Florida business-owners as I think it is safe to say that following complex quarantine formulae was mental gymnastics. Rest assured that this time around the guidance is much more succinct.
Read MoreThe various federal agencies finally seem to be reading from the same page when it comes to COVID-19. Absent some special circumstances, the federal Center for Disease Control (“CDC”) no longer recommends masking – whether outside or indoors – and social distancing is requested at places, but not required. The Equal Employment Opportunity Commission (“EEOC”) has recently declared that COVID-19 is no longer in the “emergency stage,” and therefore new guidance is in order for what steps employers should or shouldn’t be taking.
Read MoreProperly classifying workers as either “employees” or “independent contractors” is difficult even in the best of circumstances, but it certainly doesn’t help when every administrative agency (the Department of Labor (“DOL”) vs. the IRS), every individual state (California vs. Texas; Florida vs. Massachusetts; etc.), and every presidential administration (Obama vs. Trump; Trump vs. Biden) has a different interpretation of the rules, or even a different set of rules altogether.
Read More