News & Analysis

Overview of labor and employment bills proposed in 2015 legislature

Here's a look at the status of the noteworthy bills related to labor and employment law or employers and businesses in Florida as the regular 2015 Florida legislative session concludes. The summary is broken down into notable bills that were passed and are either awaiting the governor's signature or have already been signed into law and notable bills related to labor and employment law that did not pass.

DOL releases revised FMLA forms

On May 19, 2015, the U.S. Department of Labor (DOL) released revised Family and Medical Leave Act (FMLA) notices and forms with a new expiration date of May 31, 2018.

Jury will decide whether FedEx drivers are independent contractors or employees

In a long-running dispute involving a number of courts, the federal appeals court with jurisdiction over Florida has decided that the question of whether certain Florida FedEx Ground delivery drivers are employees or independent contractors is fact-intensive and should be decided by a jury.

Guidance for HR after EEOC's victory in Abercrombie religious bias case

The U.S. Supreme Court sent employers a clear message in early June that a hesitance to accommodate an applicant's religion constitutes religious discrimination. The ruling against a major clothing retailer and in favor of the Equal Employment Opportunity Commission's (EEOC) stance on what constitutes religious discrimination leaves employers in need of advice on when and how to accommodate employees' and applicants' religious beliefs and practices. Here's some guidance.

Hackers gonna hack: Know the security threats facing your business

Almost anybody can be a hacker, and almost anyone (or any business) can be a target. To understand the threat hackers may pose to your organization, you need to understand what you are up against—who the hackers are, what they're doing, and why they're doing it.

Agency Action

EEOC launches digital pilot program. The Equal Employment Opportunity Commission (EEOC) announced in May that 11 of its 53 offices are beginning a pilot program called ACT Digital to digitally transmit documents between the EEOC and employers regarding discrimination charges. This is the first step in the agencys move toward an online charge system that will streamline the submission of documents, notices, and communications. The system applies to private and public employers, unions, and employment agencies.

Workplace Trends

Study finds employees want employer help on retirement planning. A study from financial services firm Northern Trust shows that employees favor their employers playing a more active role in their defined contribution retirement plans, but plan sponsors are reluctant to do so. More than 1,000 employees were surveyed, and they overwhelmingly favored employers providing tools to help determine if they are saving enough. But plan sponsors have reservations about encouraging specific levels of saving and providing projections of retirement savings or income for participants.

Understanding the fluctuating workweek method of calculating overtime

Anyone who is familiar with the laws governing the American workforce has at least a working knowledge of the requirements for paying overtime compensation. Generally speaking, employees will fall into one of two categories: exempt or nonexempt. Depending on that classification, which is determined based almost entirely on job duties, an employee will or won't be entitled to overtime compensation for all hours worked over 40 hours in a workweek. A nonexempt employee who works any hours in excess of 40 during a workweek will be compensated for those hours using a "time and a half" calculation (1times his standard hourly rate). By contrast, exempt employees will receive no additional compensation.

Guidance for HR after EEOC's victory in Abercrombie religious bias case

The U.S. Supreme Court sent employers a clear message in early June that a hesitance to accommodate an applicant's religion constitutes religious discrimination. The ruling against a major clothing retailer and in favor of the Equal Employment Opportunity Commission's (EEOC) stance on what constitutes religious discrimination leaves employers in need of advice on when and how to accommodate employees' and applicants' religious beliefs and practices. Here's some guidance.

Hackers gonna hack: Know the security threats facing your business

Almost anybody can be a hacker, and almost anyone (or any business) can be a target. To understand the threat hackers may pose to your organization, you need to understand what you are up against—who the hackers are, what they're doing, and why they're doing it.