PRINT ARTICLE By: Christina Harris Schwinn, Esq. Why are employers required to report newly hired (rehired) employees and independent contractors? The obvious reason is so that the State of Florida can determine whether unemployment taxes are being paid on the wages paid to the employees. There
PRINT ARTICLE By: Christina Harris Schwinn, Esq. Ever since President Biden announced last September that his administration would instruct the Occupational Safety and Health Administration (OHSA) to promulgate an emergency temporary standard (ETS) requiring employers with 100 or more employees to require their employees to be vaccinated,
PRINT ARTICLE By: Christina Harris Schwinn, Esq. A recent appellate court case from the Fifth Circuit Court Appeals[1] is a stark reminder that employers are ultimately responsible for ensuring that nonexempt employees accurately record all time worked and are fully compensated for all hours worked regardless
The new requirements effective January 1, 2021 affect both private and public sector employees, but do so in different ways. This article will outline many of the new requirements imposed on both private and public sector employers, as same relates to verifying whether a person
The DOL finally issued its final rule governing overtime pay. Among other things, the final rule increases the minimum annual salary for an exempt employee to $47,476 per year from $23,660. The final rule is effective December 1, 2016 unless enjoined or overturned by Congress.
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”) creating a new cause of action that may be filed in federal court for misappropriation (theft) of trade secrets. Two of the key federal remedies available under this
Florida Supreme Court Rules Section 440.34, Florida Workers' Compensation Statute is unconstitutional both the Florida and the United States Constitutions. Attorney’s Fees Section 440.34 of Florida’s workers’ compensation statute is the provision that governs the payment of attorney’s fees in connection with workers’ compensation cases
In an article published by the Southwest Florida Business Today titled "Is your business prepared for changes to Minimum Salary Test?" Christina Harris Schwinn discusses the steps to prepare business owners for these changes. Click here to read the full article.
On January 20, 2016, the United States Department of Labor’s Administrator, David Weil, issued his first Administrative Interpretation (“AI”) of 2016. The AI addresses the liability for overtime violations under the Fair Labor Standards Act (“FLSA”) in joint employment relationships that exist in a variety
It is that time of year when the Florida Legislature is in session. This Special Edition of Legal Updates contains an attachment with information regarding all of the employment law bills that have been filed through January 12, 2016. You will note that following the