Update on Miami Beach Minimum Wage

Miami Beach’s City Commission has voted unanimously to create a citywide minimum wage proposed by Mayor Philip Levine that is higher than both the state and federal minimum wages. Only businesses that have a business license with the city of Miami Beach and are required to pay the federal minimum wage will be required to…

EEOC Increases Penalty for Notice Posting Violations

In an effort to motivate employer compliance, the U.S. Equal Employment Opportunity Commission (EEOC) has more than doubled the maximum penalty for employers that violate the notice posting requirements of Title VII and other discrimination statutes, from $210 to $525. The final rule is in the process of being published, and will take effect 30 days after…

Miami Beach Mayor Proposes Local $13.31 an Hour Minimum Wage

The Mayor of Miami Beach appears to be setting up a legal battle with the state by proposing a new minimum wage for those working inside his city’s boundaries that would be above the Florida state minimum wage. State law prohibits such a municipal enactment. Mayor Philip Levine, a Democrat with ties to President Obama…

Retaliation Charges Continue to be Number 1 at the EEOC

Employment-related retaliation charges increased by nearly 5 percent in 2015, and continue to be the leading category of discrimination charged filed by aggrieved individuals with the United States Equal Employment Opportunity Commission (EEOC). The EEOC received a total of 89,385 employment discrimination charges across the nation during its last fiscal year, which ran from Oct.…

U.S. Labor Department Issues “Joint Employer” Guidance Memorandum

In a guidance to employers, the United States Labor Department has issued an “administrator’s interpretation” memorandum regarding joint employer relationships – and joint liability — in minimum wage and overtime cases. David Weil, the administrator of the department’s Wage and Hour Division, stated that the guidance was issued to “serve as a road map to…

Florida Minimum Wage Remains at $8.05 for 2016

Under the Florida Minimum Wage Act, the Department of Economic Opportunity is required to calculate an adjusted state minimum wage rate by increasing the state’s minimum wage, when applicable, by the rate of inflation for the 12 months prior to September 1. In calculating the adjusted state minimum wage, the Department of Economic Opportunity uses…

U.S. Supreme Court Validates Class Action Waivers in Arbitration Agreements

The United States Supreme Court, in a 6-3 decision favoring DirecTV over its customers, has once again affirmed its long standing support for the enforcement of arbitration agreements. In the latest case, decided on December 14, the Supreme Court reversed California state courts’ interpretation of its own state laws, finding that the Federal Arbitration Act…

New Overtime Rule Not Coming Until Late 2016

The U.S. Department of Labor (DOL) will not release its final rule re-defining which employees are and are not exempt from the right to be paid overtime until late 2016, Solicitor of Labor Patricia Smith has announced. The announcement regarding the timing of the expected changes to the “white collar” exemption for executive, administrative, and…

OSHA Publishes Comprehensive New Guide to its Training Standards for Private Sector Employers

Under the federal Occupational Safety and Health Act (OSHA) of 1970, private sector employers are responsible for providing a safe and healthful workplace for their employees. Those duties include providing proper training for employees on how to perform their jobs safely. Now the Occupational Safety and Health Administration (OSHA), the federal government agency that sets…

“Economic Realities” Test Applies to Independent Contractor vs. Employee Relationship

For employers classifying providers of personal services as “independent contractors” rather than employees, the United States Department of Labor (DOL) has just issued a warning: In its view, “most” American workers are really employees. The Department’s Wage and Hour Division issued a 15-page interpretative “guidance” memorandum on July 15, seeking to clarify the sometimes difficult…