U.S. SUPREME COURT STAYS OSHA VACCINATION AND TESTING ETS PENDING FURTHER LITIGATION As we have previously advised, the Occupational Safety and Health Administration (OSHA) promulgated an Emergency Temporary Standard (ETS) requiring private employers with 100 or more employees to implement policies requiring employees either to be vaccinated, or to choose…
Earlier today, OSHA released its Emergency Temporary Standard (ETS) requiring that private employers with 100 or more employees implement a COVID-19 vaccine-or-testing requirement for their employees. Here is a brief summary of the main points of the ETS: The rule will take effect when the full text is published on…
Non-compete unenforceable because of COVID-19? Florida Appellate Court says no. Florida employers received some good news when it comes to enforcing non-competition agreements during this unique time. A Miami trial court refused to enforce a non-competition agreement against a former employee finding that not allowing the employee to exercise his…
DIVERSITY INITIATIVES AND THE BACKLASH OF REVERSE DISCRIMINATION CLAIMS The Florida Bar Journal – Vol. 95, No. 5 September/October 2021 Pg 42 Jacqueline M. Prats Labor and Employment Law By now, most Americans have probably heard of the Black Lives Matter and Me Too movements. Although the Black Lives Matter…
Jacqueline Prats offered insight on the risks and considerations for employers instituting perfect attendance policies as the COVID-19 pandemic subsides in a May 21, 2021 article for Society of Human Resource Management (SHRM). “Perfect attendance policies can be an important tool for managing employee absenteeism and morale,” Prats said. “However,…
Featured in Tampa Bay Business & Wealth, May 2021 Non-compete lawsuits are typically quick and very expensive. Although a normal lawsuit can last years, a non-compete case may be resolved in as little as three months. It is therefore critical for employers to move quickly to preserve and obtain evidence…
Originally posted in The Florida Bar Journal, May/June 2021, Vol 95, No.3 The COVID-19 pandemic has caused increased stress, anxiety, and depression for many people, but particularly those suffering from preexisting mental illness. A variety of factors may play into such individuals not obtaining the help they need to succeed…
Originally posted as an article written for an ABA Newsletter, Winter Edition. All clients want their day in court and to have their voice heard. But that may not happen any time soon, so what other options do practitioners have for pending matters? A few weeks ago, rumors started in…
Attention employers: There are important updates regarding increases in the minimum wage in Florida that you need to know. On January 1, 2021, Florida’s minimum wage will increase by $.09 to $8.65 per hour, reflecting annual inflation. However, minimum wage will gradually increase more over the next few years because…
In April 2020, the Families First Coronavirus Response Act (FFCRA) went into effect, mandating that most employers with fewer than 500 employees provide paid leave to eligible employees who are unable to work because of certain coronavirus-related circumstances. This mandate is set to expire on December 31, 2020. As Trenam…
