Employment Law Newsletter

By:  Christina Harris Schwinn, Esq. Effective as of November 16, 2021, OSHA announced that it will suspend implementation of its emergency temporary standard (ETS) on mandatory COVID vaccine/testing requirements that it issued on November 4, 2021.  This announcement follows the entry of an order by…

By:  Christina Harris Schwinn, Esq. Why are employers required to report newly hired (rehired) employees and independent contractors?  The obvious reason is so that the State of Florida can determine whether unemployment  taxes are being paid on the wages paid to the employees.  There is…

By:  Christina Harris Schwinn, Esq. Ever since President Biden announced last September that his administration would instruct the Occupational Safety and Health Administration (OHSA) to promulgate an emergency temporary standard (ETS) requiring employers with 100 or more employees to require their employees to be vaccinated,…

By: Christina Harris Schwinn, Esq. 2020 will be remembered, most notably, for the COVID 19 pandemic (“COVID”) and the total upheaval of home and work life as we knew both before COVID.  Since COVID became an unfortunate reality of life, clients call me—almost daily—asking whether…

By: Christina Harris Schwinn, Esq. A recent appellate court case from the Fifth Circuit Court Appeals[1] is a stark reminder that employers are ultimately responsible for ensuring that nonexempt employees accurately record all time worked and are fully compensated for all hours worked regardless of…

The new requirements effective January 1, 2021 affect both private and public sector employees, but do so in different ways.  This article will outline many of the new requirements imposed on both private and public sector employers, as same relates to verifying whether a person…

DID THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION GRANT A CHRISTMAS MIRACLE TO EMPLOYERS? Hmmmm…MAYBE May an employer require its employees to receive the COVID 19 vaccine when available? This is a question that has been asked of the author of this news update many times and…

What Employers and Employees Should Know about Confidentiality, Noncompete and Nonsolicitation Agreements May an employer restrict employees from working for a competitor following termination? The answer is yes, so long as the employer has a protectable legitimate business interest. Whether your company is an employer…

On July 17, 2017, U.S. Citizenship and Immigration Services released a revised Form I-9. Employers can begin using this form, but effective September 18, 2017 it will be mandatory.  Employers who continue to use the older I-9 form after this date may be subject to…

School’s Out For the Summer…What You Need to Know When Hiring Minors School is out for the summer and high school students (many of whom are under the age of 18) are “pounding the pavement” and looking for the perfect summer job.  For the purposes…

The DOL finally issued its final rule governing overtime pay. Among other things, the final rule increases the minimum annual salary for an exempt employee to $47,476 per year from $23,660. The final rule is effective December 1, 2016 unless enjoined or overturned by Congress. …

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”) creating a new cause of action that may be filed in federal court for misappropriation (theft) of trade secrets.  Two of the key federal remedies available under this…

Florida Supreme Court Rules Section 440.34, Florida Workers’ Compensation Statute is unconstitutional both the Florida and the United States Constitutions.  Attorney’s Fees Section 440.34 of Florida’s workers’ compensation statute is the provision that governs the payment of attorney’s fees in connection with workers’ compensation cases…

In an article published by the Southwest Florida Business Today titled “Is your business prepared for changes to Minimum Salary Test?”  Christina Harris Schwinn discusses the steps to prepare business owners  for these changes. Click here to read the full article.

On January 20, 2016, the United States Department of Labor’s Administrator, David Weil, issued his first Administrative Interpretation (“AI”) of 2016. The AI addresses the liability for overtime violations under the Fair Labor Standards Act (“FLSA”) in joint employment relationships that exist in a variety…

This Special Edition of Legal Updates contains an attachment with information regarding all of the employment law bills that have had action taken on them, been filed or withdrawn through January 26, 2016. You will note that following the bill summary you will find HR…

It is that time of year when the Florida Legislature is in session.  This Special Edition of Legal Updates contains an attachment with information regarding all of the employment law bills that have been filed through January 12, 2016.  You will note that following the…

Employees vs. Independent Contractors – U.S. DOL Reaffirms that the Economic Realities Test is the Appropriate Test to Use in Misclassification Cases… To read the full article click here.

Background Checks and The Fair Credit Reporting Act – Do you Know the Law? To view the full article click here.

Tuesday, November 19, 2013 – 5:30pm – 7:30pm Pavese Law Firm partner Christina Harris Schwinn will speak to Dress for Success clients at a mentoring event scheduled for 5:30 to 7:30 p.m. on Nov. 19 at Central Bank, 1520 Royal Palm Square, Fort Myers. Schwinn…

Christina Harris Schwinn will participate in a panel discussion on emerging issues in employee misclassification on March 22 at Northeastern University School of Law in Boston. Click here to view the full article.    

Friday, March 22, 2013 – 9:00am – 8:00pm avese Law Firm partner Christina Harris Schwinn will participate in a panel discussion on emerging issues in employee misclassification on March 22 at Northeastern University School of Law in Boston. The symposium will examine employment relationships and explore the legal…

Update as of October 4, 2011, The NLRA’s new rule was supposed to take effect on November 14, 2011, but has been postponed until January 31, 2012, and it applies to a wide variety of private sector employees, but not all. August 25, 2011, the…

Date Published: 2009-07-27 Author: Christina Harris Schwinn Download Article: Impact of Changes to FL Unemployment Compensation Laws The recent economic downturn and corresponding rise in the number of unemployed individuals in Florida has put a strain on the funds available for unemployment compensation for those workers laid…

Date Published: 2010-05-27 Author: Christina Harris Schwinn The Fair and Accurate Credit Transaction Red Flag Rules (“Rules”) were originally slated to go into effect on June 1, 2008. Since that time, the Federal Trade Commission (“FTC”) announced a number of extensions regarding the enforcement date….

Date Published: 2009-04-01 Author: Christina Harris Schwinn Article Download: Unpaid Wage Claims in Florida A recent decision issued by Florida’s Second District Court of Appeals1 is a powerful reminder to employers that former employees employed in Florida have a statutory right to recover unpaid wages separate…

Date Published: 2009-02-01 Author: Christina Harris Schwinn Article Download: Could It Be a New Era In Employee Rights   2009 brings with it a new presidential administration and a Congress in Washington, D.C., which is dominated by democrats.  Since democrats took control of the House and…

Date Published: 2009-05-01 Author: Christina Harris Schwinn Article Download: Crossing the Line – Just Say No   In April of this year, another news story aired for several days relating to sexually explicit emails being sent and received by employees while at and during working hours. …

Date Published: 2009-03-01 Author: Christina Harris Schwinn Article Download: American Recovery & Reinvestment Act of 2009   This article provides an overview only of the monetary assistance available to individuals who find themselves unemployed due to no fault of their own in connection with maintaining their…

Date Published: 2009-05-27 Author: Christina Harris Schwinn Click to Download Article: Mandatory Paid Leave Benefits Private Sector Employers Currently, private sector employers in the State of Florida have no obligation to offer paid leave benefits. The obligation to provide paid sick or vacation leave benefits to…

Date Published: 2009-12-30 Author: Christina Harris Schwinn View Article Here: Looking Back-Looking Forward By the time this article is published, 2009 will have ended and the New Year will have begun.  As you may recall at the beginning of 2009, I wrote an article which discussed…

Date Published: 2009-09-28 Author: Christina Harris Schwinn View the article here: Contracting with Federal Government, Social Security Numbers and E-Verify On September 8, 2009, a new social security number verification requirement went into effect.  The rule requires contractors and employers that contract with the federal government…

Date Published: 2010-03-24 Author: Christina Harris Schwinn Who is an independent contractor? An independent contractor for under Florida’s Workers’ Compensation Law is someone who meets at least 4 of the following criteria (see FS 440.02): (I) The independent contractor maintains a separate business with his…

Date Published: 2009-10-21 Author: Christina Harris Schwinn Download Article: FLSA Record Keeping Requirements Originally Published by Lee Building Industry Association, www.bia.net. The Fair Labor Standards Act (“Act”) imposes a requirement on covered employers to maintain accurate records for each non-exempt worker employed by the employer. Generally…

Date Published: 2009-01-01 Author: Christina Harris Schwinn Click here to view article: An Employee Handbook is a Valuable Business Resource (1-09)   When used properly, employee handbooks can be a very useful management and employee relations tool.  An employee handbook should provide the basic underpinnings of…

Date Published:  2008-11-01 Author:  Christina Harris Schwinn TEST YOUR KNOWLEDGE This month’s article is designed as an interactive exercise with the reader and to test the reader’s knowledge regarding wage and hour issues.  Please take a few moments to complete the quiz.  The answers will…

Florida’s Information Protection Act of 2014  – What Businesses Should Know. To view the full article click here.

Date Published: 2010-04-01 Author: Christina Harris Schwinn On April 1, 2010, the U.S. Department of Labor (“DOL”) issued a press release in which it announced a new DOL website. The website – www.dol.gov/wecanhelp/ — is part and parcel of the DOL’s public outreach and education…

Date Published: 2007-05-01 Author: Christina Harris Schwinn Over the last 30 plus years, many of us have witnessed major technological advances that many of the younger generation take for granted (of course, those of us who remember the advent of the fax machine remember our…

Date Published: 2012-03-01 Author: Christina Harris Schwinn Depending on your perspective, social media can either be a drain on productivity or a great promotional opportunity for businesses.  Either way, social media has made its way into the workplace.  While being valuable new tools of the…

Date Published: 2010-09-01 Author: Christina Harris Schwinn The Occupational Safety and Health Act (“Act”) requires employers to provide employees with a workplace that is safe from recognized hazards.  The type of industry determines what an employer must do to comply with the Act.  Construction industry…

Written by: Christina Harris Schwinn Private sector employers often believe that because their workforces are not unionized that they do not have to be concerned about the National Labor Relations Board’s (“NLRB”) activities or compliance with the National Labor Relations Act (“NLRA”).  Wrong.  Generally speaking,…

Featuring Christina Harris Schwinn The meaning of overtime could change for private-sector employees here around the country. A proposed amendment to the Fair Labor Standards Act would give employees a choice on how they spend their hours. It’s called the Working Families Flexibility Act of…

Pavese Law Firm partner Christina Harris Schwinn and Barb Pretasky of Lee Memorial Health System will present on “The Do’s and Don’ts of Interviewing From Both Sides of the Fence” during the Greater Fort Myers Chamber of Commerce’s Lunch & Learn series at 11:30 a.m. on Nov….

The distinction between whether an individual is classified as an employee or an independent contractor can affect business owners in a variety of ways, including how employers withhold a variety of taxes. Misclassification of an individual may result in a number of costly legal consequences….

Written by Christina Harris Schwinn Same-Sex Married Couples and the Impact on Florida Employers Florida State Legislative Update Case Law Update – Cases of Significance Emerging Trends Agency Update To view the full newsletter, click here.

Christina Harris Schwinn will provide an employment law update to the HRMA of Southwest Florida, local chapter of the national Society for Human Resource Management (SHRM), at its March 12 luncheon event. The presentation will be held from 11:30 a.m. to 1 p.m. at The Crowne…

Wednesday, March 12, 2014 – 11:30am – 1:00pm Partner, Christina Harris Schwinn will provide an employment law update to the HRMA of Southwest Florida, local chapter of the national Society for Human Resource Management (SHRM), at its March 12 luncheon event. The presentation will be held from 11:30 a.m. to…

Now is not the time for business complacency. The 2014 Legislative Session is approaching, and there’s a slew of state and federal bills that could impact Southwest Florida employers. With debates ranging from workplace bullying to social media privacy and minimum wage, experts said it’s…

Partner Christina Harris Schwinn will join other local human resource (HR) professionals at 11:30 a.m. on July 10 at the Above Board Chamber of Florida. The Above Board Chamber is bringing together Lee County’s top HR professionals from Hertz Corporation, Lee Memorial Health System, the School District…

Written by: Christina Harris Schwinn Many businesses in Florida use confidentiality, noncompete and nonsolicitation agreements to protect their confidential information and customer relationships.  Of the three types of restrictive agreements, a confidentiality agreement is the least restrictive, the noncompete agreement is the most restrictive, and…

The United States Customs and Immigration Service recently announced that all employers should continue to use the I-9 Employment Verification Form dated August 31, 2012 until further notice. To verify that you are using the proper version of the form, look at the top right-hand…

Written by: Christina Harris Schwinn The United States Department of Labor’s Occupational Safety & Health Administration (“OSHA”) [the agency charged with enforcement of the Occupational Safety and Health Act of 1970 (“OSH Act”)[1]] recently launched a new website targeted towards providing information to employers about…

School is out for the summer and high school students (many of whom are under the age of 18) are “pounding the pavement” and looking for the perfect summer job. For the purposes of the Fair Labor Standards Act (“Act”), the federal law that governs…

Effective July 1, 2011, the Florida Legislature enacted amendments to Chapter 443 of the Florida Statutes governing unemployment compensation benefits and taxes.  Prior to the July 1, 2011 amendment, many employers complained about an employee being able to receive unemployment benefits even though the employee…

Date Published: 2011-05-01 Author: Christina Harris Schwinn Last month’s article featured Part I of II – Making Good Hiring Decisions in Good Times and Bad Times.  This month, Part II of II will discuss effective interviewing skills. Effective interviewing skills can be developed if proper attention…

Date Published: 2011-04-01 Author: Christina Harris Schwinn There is no question about the fact that hiring the right employee for your company can be a daunting and time consuming process.  Unfortunately, many employers fail to recognize the overall benefit of having good hiring procedures in…

Date Published: 2007-04-01 Author: Christina Harris Schwinn This article is focused on the private sector, not government employers. Florida is an employer-friendly state.  Unlike some other states, Florida is a right-to-work state and many of the laws that are in place favor the employer, not…

Date Published: 2008-12-01 Author: Christina Harris Schwinn This month’s column will provide the answers to the questions presented in last month’s column in the Wage and Hour Quiz.  The questions have been repeated for the reader’s convenience. 1)    If I pay an employee a salary,…

Date Published: 2010-11-01 Author: Christina Harris Schwinn There are two major pieces of legislation pending in Congress that employers should be aware of as both bills would significantly impact the classification of independent contractors and the tests that are applied for the purposes of determining…

Date Published: 2011-04-26 Author: Christina Harris Schwinn OSHA’S Fall Protection Directive Affects Residential Construction Contractors To the chagrin of the National Roofing Contractors Association, the U.S. Court of Appeals for the Seventh Circuit rejected its challenge to the Occupational Safety and Health Administration’s (“OSHA”) December…

Date Published: 2010-04-01 Author: Christina Harris Schwinn Picking up where we left off last month, this second installment of this article on workplace conflict will focus on practical tips and things to consider when endeavoring to correct or discipline an employee’s inappropriate behavior, conduct or…

Date Published: 2010-02-26 Author: Christina Harris Schwinn Conflict in the workplace is an inevitability that we all deal with on a fairly regular basis. Whether you view conflicts in the workplace as a challenge or an annoyance will depend on your perspective. Encountering difficult people–or…

Date Published: 2011-03-01 Author: Christina Harris Schwinn The Equal Employment Opportunity Commission (“EEOC”) recently reported that the number of charges filed under the discrimination statutes that it is charged with enforcing during its fiscal year 2010 reached the highest level in its history with 99,922…

Date Published: 2010-10-01 Author: Christina Harris Schwinn During tough economic times it is tempting to pay people under the table. Why? To save money. By paying people under the table the employer avoids paying workers’ compensation insurance premiums, the employer’s portion of the social security…

Date Published: 2010-12-01 Author: Christina Harris Schwinn Last month’s article focused on the Employee Misclassification Prevention Act (“EMPA”) which, if passed, will amend the Fair Labor Standards Act. This month’s article focuses on the Fair Playing Field Act of 2010 (“FPFA”) which was introduced into…

Date Published: 2010-08-01 Author: Christina Harris Schwinn The Patient Protection and Affordable Care Act amends Section 7 of the Fair Labor Standards Act (“FLSA Amendment”) and requires certain employers to provide mandated breaks to mothers who are nursing during the first year after the birth…

Date Published: 2009-06-30 Author: Christina Harris Schwinn When the Americans With Disabilities Act of 1990 (effective 1992) passed, Congress intended the Act to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and “to provide broad coverage in…