Unlike previous decisions which were limited in application to only the parties in the case at hand, the Ryan decision strikes down the non-compete ban for all employers across the country.
Read MoreOn April 14, 2024, a Florida federal judge in the Middle District of Florida ruled that the Federal Trade Commission’s (FTC) proposed ban on most non-compete agreements cannot be enforced
Read MoreOn April 23, 2024 the Federal Trade Commission (“FTC”) issued a final rule and voted to end employee non-competition agreements nationwide. According to the FTC’s final rule, a non-compete clause is an agreement term that prevents a worker, including independent contractors, from working in the U.S. for a different entity after the worker’s employment ends.
Read MoreWhile preparing for a natural disaster employers are often faced with questions from employees and clients regarding their plans. With Hurricane Idalia moving towards Florida, the topic is top of mind for many right now. Here are four employment issues you may face:
Read MoreEffective 7.1.2023 - Florida employers with 25+ employees are required to use the federal E-Verify system to verify the employment eligibility of each new employee within three business days of the worker’s first day of employment. The new law, signed by Governor DeSantis, applies to employees hired after June 30, 2023. Eligible employers are no longer permitted to simply utilize the paper I-9 form as they may have done in the past.
Read MoreOn June 27, 2023 the Pregnant Workers Fairness Act, which requires employers with 15+ employees,to provide reasonable accommodations to an employee’s known limitations connected to pregnancy, childbirth and related medical conditions goes into effect. While similar to the ADA, including the requirement to engage in the Interactive Process, the Act provides additional protections.
Read MoreIn January, the Federal Trade Commission (FTC) proposed a ban on noncompete clauses typically found in employee covenant agreements. Separately, in February, the National Labor Relations Board (the NLRB) issued a ruling overturning nondisparagement clauses typically found in separation/severance agreements. These recent rulings have employers wondering whether their current agreements are still in effect and what to do.
Read MoreA majority of employers (not just those working in industrial settings) are required to post OSHA Form 300A which is an annual summary of Work-Related Injuries and Illnesses for the prior year. Employers must post a copy of the 2022 annual summary, from February 1 - April 30, 2023 and this requirement applies even if your organization has no injuries or illnesses to record.
Read MoreAmid an effort to push for enhanced worker rights and to reduce pay disparities for women and minorities, pay transparency laws are becoming more common throughout the US. Thirteen states or local governments require employers to be more transparent in communicating pay ranges to applicants and employees. Estimates are that by the end of 2023 1 in 4 workers will be protected by a pay transparency law.
Read MoreFlorida’s “Stop WOKE Act” goes into effect July 2022. The Act restricts what public and private employers can say to employees about the characteristics of race, color, sex, and national origin.
The Act makes it unlawful for an employer to subject employees to required training, instruction, or other activity (e.g. a meeting) that “espouses, promotes, advances, inculcates, or compels” individuals to believe any of the following concepts:
Read MoreOur firm continues to grow. We are pleased to announce that Terri Casey has joined Barbas Cremer, PLLC to provide employment and business counsel to our clients. Terri has a passion for people and helping businesses create organizations where employees thrive. Prior to becoming an attorney, she had a successful career as a human resources executive in the healthcare and manufacturing sectors.
Read MoreWith all the news headlines about vaccine mandates, requirements, and stays it is easy to get confused. Below is a summary and timeline over the last month regarding vaccine rules and what it means for private employers:
Read MoreOn November 17, 2021 OSHA released the following statement on its website:
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA's COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) ("ETS"). The court ordered that OSHA "take no steps to implement or enforce" the ETS "until further court order." While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.
The stay does not prevent employers from implementing their own vaccination and/or testing policies in the interim. Note that the ETS rule differs from the federal contractor and CMS (healthcare) vaccine rules which have not been stayed at this point.
The firm will continue to keep you up to date on the status of OSHA’s in the Sixth Circuit and as it makes its way through the legal system.
If you have any questions on how this rule affects you or your business please don’t hesitate to reach out: info@barbascremer.com. We are here to help you address the day to day questions of balancing business concerns, the law, and health and safety.
On Friday several large employers filed suit in the Fifth Circuit Court of Appeals challenging the OSHA ETS. The Fifth Circuit issued a brief order on Saturday staying the ETS stating that “the petitions give cause to believe there are grave statutory and constitutional issues” with the ETS. The government has until today, Monday November 8, 2021 to respond to the request for a permanent injunction, and the challengers will respond by 5pm on Tuesday. From there, we will await a final decision from the Fifth Circuit. Although OSHA must refrain from enforcing the ETS until the Fifth Circuit
Read MoreOn November 4, 2021, OSHA announced a new Emergency Temporary Standard on Vaccination and Testing. Here is a brief overview of what you need to know:
Read MoreThe U.S. Small Business Administration (“SBA”) extended the deferment periods for all disaster loans, including the COVID-19 Economic Injury Disaster Loan (EIDL) program, until 2022. Originally no payments were required on EIDL loans for one year from the date of the note with the applicant receiving a payment schedule from the SBA after the loan is funded. Specifically, the SBA states:
Read MoreYesterday, March 11, 2021, President Biden signed into law the American Relief Plan Act of 2021, a $1.9 trillion relief package with benefits for employers and individuals. Given the size of the legislation, this newsletter is meant to be a brief overview of key areas for employers and employees.
Read MoreUpdate: President Trump signed this bill into law on December 27, 2020.
Congress passed a $900 billion economic relief package referred to as the Consolidated Appropriations Act, 2021. Given the size of the legislation (nearly 5600 pages), this newsletter is meant to be a brief overview of key areas for the Firm’s clients. In addition to what is outlined below, the legislation also contains language relating to student loans, rental assistance, and medical bills among other items.
Read MoreYesterday the CDC issued guidance regarding Thanksgiving travel and the rest of the holiday season. With COVID-19 cases surging around the country, the CDC suggests that Americans not travel for Thanksgiving and only spend it with people inside their household.
Read MoreThe U.S. Department of Labor (“DOL”) issued a new temporary rule revising the Families First Coronavirus Response Act. The new rule goes into effect today, September 16, 2020. The new rule is in response to the August 3, 2020 decision by a New York Federal District Court decision which invalidated several provisions of the DOL’s original rule.
Key changes in the rule are summarized as follows:
Read MoreBarbas Cremer Law assists small and midsize businesses with legal issues that arise regarding their employees, clients, and business processes. Barbas Cremer Law provides a solution based approach that allows its clients to focus on their businesses while we take care of the legal work.
The information contained on this website presents general information about our firm and is not and should not be used as legal advice. Before acting on any of the materials presented on this website, we advise you to seek legal counsel regarding your own unique situation. Using this website does not create an attorney-client relationship between the user and Barbas Cremer, PLLC or any of its attorneys. The hiring of an attorney is an important decision that should not be based solely upon advertisements.
Barbas Cremer, PLLC | 209 S. Packwood Ave. | Tampa, FL 33606 | 813-421-5442 | info@barbascremer.com
