Sometimes its hard to tell that its the holidays in Florida with no snow on the ground or chill in the air.  But the end of the year means its time for Florida employers to pay attention to the new 2019 Florida minimum wage. As of January 1, 2019, Florida’s minimum wage will rise from the current rate of $8.25 per hour to $8.46.

Under Florida Statute § 448.110 4(a) and (b), the Florida Department of Economic Opportunity must calculate Florida’s minimum wage based upon the increase, if any, in the Federal Consumer Price Index for Urban Earners and Clerical Workers in the southern region. Based upon this year’s calculation, Florida’s new minimum wage for 2019 is $8.46 per hour.

Employers of tipped employees, who meet eligibility requirements for the tip credit under the Fair Labor Standards Act, may count tips actually received as wages under the Florida minimum wage. However, the employer must pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage, $8.46 minus the tip credit for Florida, $3.02, or a direct hourly wage of $5.44 as of January 1, 2019.

The photo in this post is of the Royal Poinciana Surfboard Christmas Tree in Palm Beach (photo by me).


Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

 

Please see my post, over on Fox’s In the Weeds blog.  Trial on the Florida case challenging the ban on smoking medical marijuana has been set.


Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

I’ve posted several times, here, here, here, and here regarding the dilemma a business owner faces when a customer enters the premises with a dog.  Is it a service dog, is it an emotional support animal (“ESA”), what are my obligations under the health code and my obligations to other customers, etc.?

Now comes news of a new service called dog parker which is providing climate controlled, web camera equipped metal boxes around New York that members can use to leave their dog in a safe environment for short periods of time (i.e. to run into the drug store or pick up take out).

What do you think of this idea?


Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

I’ve posted before here on the Oregon wedding cake case (not to be confused with the Colorado wedding cake case that went to the Supreme Court).

Now comes recent news that the Oregon Court of Appeals has upheld a $135,000 fine against two bakers, Melissa and Aaron Klein, who refused to bake a cake for same sex couple Rachel Bowman-Cryer and Laurel Bowman-Cryer who were getting married.

Carson Whitehead, Assistant Attorney General with the Oregon Department of Justice, represented Bureau of Labor and Industries. He argued the case turns on two simple facts:

The Kleins refused to provide the exact same service for a same-sex couple that they would with a heterosexual couple, and the denial of services was based on sexual orientation.

Here in Palm Beach County, Florida, bakeries are similar required to serve same-sex couples as set forth in Palm Beach’s anti-discrimination law, which was expanded in 2015.


Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

Illustration of man receiving a bag of money from computer monitorIn a post on Fox’s Employment Discrimination Report blog, associate Justin Schwam in Morristown, NJ, briefly covers a recent $5 million settlement of gender and racial pay discrimination brought by the Office of Federal Contract Compliance Programs (OFCCP) against State Street Corporation. The settlement comes after a six-year investigation into the financial services firm’s compensation practices.

We invite you to read Justin’s commentary, as well as the corresponding Alert written by partner Ken Rosenberg in Morristown and Justin.

It is pumpkin spike latte time here in Florida which is one of the only signs of fall with our tropical weather.   Fall also is time for Florida employers to pay attention to the new 2018 Florida minimum wage.  As of January 1, 2018, Florida’s minimum wage will rise from the current rate of $8.10 per hour to $8.25 per hour.

Under Florida Statute § 448.110 4(a) and (b), the Florida Department of Economic Opportunity must calculate Florida’s minimum wage based upon the increase, if any, in the Federal Consumer Price Index for Urban Earners and Clerical Workers in the southern region.  Based upon this year’s calculation, Florida’s new minimum wage for 2018 is $8.25 per hour.

Employers of tipped employees, who meet eligibility requirements for the tip credit under the Fair Labor Standards Act, may count tips actually received as wages under the Florida minimum wage.  However, the employer must pay tipped employees a direct wage.  The direct wage is calculated as equal to the minimum wage, $8.25, minus the tip credit for Florida, $3.02, or a direct hourly wage of $5.23.

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Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

I’ve posted before, here and here, regarding the dilemma business owners have when faced with a customer with a dog (fake service dog) or a customer with an animal (emotional support animal – which are not afforded the same protections as service dogs).  Many business owners simply don’t know how to respond or respond incorrectly (and generate bad press for themselves).  Many customers are fed up with fake service dogs everywhere and they resent businesses that do nothing as well and that means companies often can’t win.

Yesterday, there was an interesting article/editorial in The Hill regarding a proposal for creating a national certification database for service dogs.

What are your thoughts on a national certification program for service dogs?

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Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

Following up on my earlier post regarding fake service dogs, news from up north that Massachusetts is also considering a law to penalize those that pass off pets at service dogs.

The bill would makes passing a pet off as a service dog a civil infraction, carrying a $500 fine.

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Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.

Hurricane Irma did a number on South Florida and the Keys and while many people have no power and damage (myself included), we are all getting back to work.  Over the next few days I’m going to focus my posts on post-Irma employment law issues.

Before and during the storm, I noticed some companies were getting bad press for requiring their employees (mostly low paid non-exempt [hourly] service workers) to come into work when Florida’s Governor, Rick Scott, was imposing mandatory evacuations in many areas.

First, requiring employees to work during mandatory evacuations means bad press on social media and in the news.  These days, news stories can quickly become viral and can negatively impact your company brand and your business.

Second, while there is no Florida state law that prevents termination of at-will employees who fail to report to work (even during an emergency) there are other protections for employees.

Specifically, the Occupational Safety and Health Administration (“OSHA”) provides guidance to employers and employees regarding hurricane preparations and post-storm response.  Also, under the OSHA Act, it is against the law for an employer to retaliate against an employee who demands a safe and healthful workplace.  Obviously there are exceptions to the OSHA rules for first responders and some government workers.

While the OSHA anti-retaliation provision may not protect an employee who evacuates, if you are demanding that your employees work in an area where there is a mandatory evacuation your employees could certainly claim that the workplace was not safe at that time.  Employers in this situation may want to consider closing their operations so employees can evacuate or prepare for the impending storm.  Alternatively, companies may want to ask for volunteers to work during an emergency situation and/or not impose harsh penalties on employees who are no-shows.

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Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.