News

Stay updated with the latest legal insights, trends, and firm announcements.

 
 
 
DOL Issues FINAL RULE for Examining Independent Contractor v. Employee Status

The Department of Labor (DOL) has officially released its FINAL RULE outlining the criteria for determining whether a worker should be classified as an employee or an independent contractor. While this rule might seem familiar to those acquainted with the pre-2021 standard, it brings some much-needed clarity to a complex issue that has led to extensive litigation in employment law. This article explores the key factors and challenges associated with the DOL's latest guidance, shedding light on the intricacies of worker classification.

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Christine Sensenig
Your Employee Handbook and the National Labor Relations Act

The National Labor Relations Board (NLRB) has recently targeted employee handbooks, introducing regulations that may be challenging for employers. Policies on social media, confidentiality, and cell phone use, previously deemed lawful, are now under scrutiny. Even if a business doesn’t have a union, the NLRB’s rules may still apply. It's crucial for employers to review and possibly revise their handbooks in light of these changes.

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Michelle Greene
New Law in Florida Invalidating Recognition in Florida of CT, DE, HI, and VT Driver Licenses

Recent changes in Florida's driving regulations might affect a small percentage of drivers. As of July 1, 2023, specific licenses from VT, CT, DE, and HI may be considered invalid for driving in Florida. This largely affects licenses marked with terms such as "Not For Federal Identification" or "Not Valid for Identification." If stopped with one of these licenses, drivers may face criminal charges and potential penalties. However, these licenses remain valid for employment verification. The legality of this new law, possibly violating the US Constitution's Full Faith and Credit clause, remains under debate. If impacted, seek legal counsel or ensure you acquire a valid Florida license.

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Christine Sensenig
The New Form I-9 is here with an expiration date of July 31, 2026

Stay informed about the latest updates in employment eligibility verification with the new Form I-9 for 2023. USCIS has made significant improvements, condensing Sections 1 and 2, enhancing mobile accessibility, and separating Preparer/Translator Certification and Reverification sections. Employers can now complete the Form using remote verification, streamlining the process.

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Christine Sensenig
New Form I-9 Available August 1, 2023 - and Helpful Update on Remote Inspection of the Form I-9

Great news for employers in 2023! Starting August 1, 2023, the U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS) has granted authorization to the U.S. Immigration and Customs Enforcement (ICE) for an "alternative document examination procedure." Additionally, a new and improved version of the Form I-9 is set to be released on the same date.

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Christine Sensenig
New Mandatory E-Verify Required for Florida Employers of 25 or More

Discover the new mandatory E-Verify requirements for Florida employers of 25 or more employees. Learn about the compliance deadline, penalties for non-compliance, and the complete overhaul of employment eligibility verification. Find out how to enroll in the Federal E-Verify system, ensure compliance, and avoid hefty fines. Act now to stay ahead of the July 1, 2023 deadline and avoid the risk of retroactive enforcement. Get expert guidance and support for navigating the E-Verify process. Contact us today for assistance with E-Verification in Florida.

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Get Ready! Florida’s Minimum Wage Increases on September 30, 2022

On September 30, 2022, Florida’s minimum hourly wage for non-exempt employees will rise from $10.00/hour to $11.00/hour. This raise is part of a multi-year schedule approved by Florida voters in November of 2020 that will see Florida’s minimum wage rise by $1.00 per year until September 30, 2026, when Florida’s minimum wage will ultimately settle at $15.00/hour.

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Christine Sensenig
And another COVID-19 update from the CDC, August 2022 edition

Just when you thought you would not have to review another COVID update from the Sensenig Law Firm, last week the U.S. Centers for Disease Control and Prevention (“CDC”) released an update to its guidance on dealing with the ongoing COVID-19 pandemic. The good news is that this latest update is a far cry from the litany of Excel spreadsheets and flowcharts the CDC has been issuing periodically for the past two years. This is good news for Florida business-owners as I think it is safe to say that following complex quarantine formulae was mental gymnastics. Rest assured that this time around the guidance is much more succinct.

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July 2022 COVID Testing and COVID Guidance from the EEOC

The various federal agencies finally seem to be reading from the same page when it comes to COVID-19. Absent some special circumstances, the federal Center for Disease Control (“CDC”) no longer recommends masking – whether outside or indoors – and social distancing is requested at places, but not required. The Equal Employment Opportunity Commission (“EEOC”) has recently declared that COVID-19 is no longer in the “emergency stage,” and therefore new guidance is in order for what steps employers should or shouldn’t be taking.

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Christine Sensenig
“The new “old” independent contractor standard to use starting in March of 2022"

Properly classifying workers as either “employees” or “independent contractors” is difficult even in the best of circumstances, but it certainly doesn’t help when every administrative agency (the Department of Labor (“DOL”) vs. the IRS), every individual state (California vs. Texas; Florida vs. Massachusetts; etc.), and every presidential administration (Obama vs. Trump; Trump vs. Biden) has a different interpretation of the rules, or even a different set of rules altogether.

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CDC COVID Guidance for Isolation/Quarantine/Return to Work

This past month, it seems like every branch of our government – from the President himself all the way down to school superintendents, and everyone in between – has imposed new (and often contradictory) COVID-19 health and safety protocols.

This has placed even the most conservative, safety-minded employers in an awkward, even impossible position. Do you comply with the Occupational Safety and Health Administration Emergency Temporary Standards (“OSHA ETS”) mandate requiring vaccines, or Florida’s recently enacted statute, banning such requirements? Is mandatory masking alright? What about vaccine cards?

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