Akerman Law

Subscribe to all posts by Akerman Law

New Florida Corporate Espionage Act: Additional Protection for Trade Secrets?

Florida has given employers a new weapon in their trade secret protection arsenal: the Combatting Corporate Espionage in Florida Act. With the Biden Administration’s goal of curtailing non-competes and the Supreme Court’s narrow reading of a federal computer hacking law, employers are looking for additional ways to protect their sensitive business information. While seemingly targeted … Continue Reading

Be Prepared For Increase In COVID-19 Inspections Under OSHA’s New National Emphasis Program

On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where employees may have a high frequency of close-contact exposures. The new NEP on COVID-19 has two main components:… Continue Reading

Employees Starting to Receive the COVID-19 Vaccine – Now What?

Despite some employees receiving the COVID-19 vaccine, employers should still require workers to wear face coverings and remain physically distant to help prevent the spread of the virus, according to updated guidance by the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC). According to Bloomberg’s COVID-19 Vaccine Tracker, … Continue Reading

Can Employers Require that Employees Get the Flu Shot?

Flu season is upon us. Can employers require a flu shot? More importantly, should they? The Centers for Disease Control and Prevention (CDC) emphasizes that getting a flu vaccine this year is “more important than ever during 2020-2021 to protect yourself and the people around you from flu, and to help reduce the strain on … Continue Reading

About-Face on Face Masks

On Sunday, April 12, 2020, New York became the latest jurisdiction to require employers to supply cloth or surgical masks to employees who are essential workers interacting with the public. The development is the latest reflecting how rapidly guidance on face masks has changed with the COVID-19 pandemic.… Continue Reading

Federal Contractors To Be Limited On Criminal Background Checks

Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made. The Fair Chance to Compete for Jobs Act of 2019 (Act) was discreetly tucked into the Defense Spending Bill approved … Continue Reading

Halloween Parties Can Leave Employers “Haunted” By Discrimination

The last week of October can result in “double, double toil, and trouble” for employers. While workplace Halloween festivities may boost employee morale, they can also result in employer liability for discrimination and harassment in the workplace in violation of Title VII of the Civil Rights Act of 1964 and applicable state and local laws. … Continue Reading

“When Do You Plan On Having A Baby?” And Other Questions Not To Ask

Employers interviewing women of child-bearing age may be tempted to ask about plans for having a baby, but doing so poses risks. While an employer might be concerned about staffing coverage, the Pregnancy Discrimination Act prohibits employers with 15 or more employees from discriminating against a woman based on her potential or capacity to become … Continue Reading

PEOs, Staffing Companies: Watch Proposed New Joint Employer Rule

Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer becomes final. The proposed rule implements a new four-factor test to evaluate whether a joint employer relationship exists. The DOL’s proposed rule reflects the … Continue Reading

Job Descriptions Can Be A Shield or Sword

Job descriptions can be a shield or a sword for employers. In addition to setting clear job expectations, informing candidates of what the job entails, and providing a framework for evaluations, they are often used in litigation arising from workplace claims. Job descriptions can be critical in litigating actions under the Fair Labor Standard Act, … Continue Reading

Arbitration Agreements: Tips for Enforceability

Arbitration agreements can be an effective tool to avoid costly litigation, and, in particular, to prevent class and collective actions. But, will your arbitration agreement withstand scrutiny? Here are some tips on what to do—and not do—when drafting arbitration agreements for new hires. First, consider whether and for what kinds of employment disputes you might … Continue Reading

Must An Employer Grant a Request for Indefinite Leave?

What do you do when an employee wants leave for a medical condition, but has already exhausted or is not eligible for leave under the Family and Medical Leave Act? Tread carefully. Maybe you’re not a covered employer under the FMLA. Maybe the employee is not eligible for FMLA leave, or has already exhausted all … Continue Reading

Say Goodbye to Independent Contractors: The New “ABC” Test of Employee Status

The circumstances under which California businesses may classify workers as independent contractors rather than employees under California wage laws have been greatly narrowed by a decision the California Supreme Court issued April 30, 2018. The landmark decision in the case known as Dynamex presumes that all workers are employees, sets out a new three-part “ABC” … Continue Reading
LexBlog