Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults

On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more than 50 [percent] of gross revenue from such sales.” The DBPR issued the order due in part to a spike in the number of individuals who have tested positive for COVID-19 in June 2020, especially among younger people who may have been visiting bars, pubs, and nightclubs where alcohol is served and such establishments failing to comply with orders on occupancy restrictions.

Tampa Bay’s New Face-Covering Requirements—We’ve Got You Covered

COVID-19 cases in Florida continue to increase, particularly in the Tampa Bay area. In an effort to slow the spread of the virus, Hillsborough, Pasco, and Pinellas counties have enacted ordinances requiring face coverings in most indoor settings where social distancing (of at least six feet between persons) cannot be maintained.

Coming Out of the Dark? Florida Governor Issues First Phase of Plan to Reopen the Sunshine State

On April 29, 2020, Governor Ron DeSantis issued Executive Order (EO) No. 2020-112, outlining the first phase of a three-phase plan to lift stay-at-home restrictions and reopen Florida following the state’s COVID-19 closures. Phase 1 begins the “path to re-opening Florida [to] promote business operation and economic recovery while maintaining focus on core safety principles.”

Florida Restaurant and Lodging Association Releases Reopening Guidance for Restaurants and Hotels

On April 27, 2020, the Florida Restaurant and Lodging Association (FRLA) released its Critical COVID-19 Guidance Standards for Hospitality Reopening. The FRLA, with input from its restaurant subject matter expert team, developed the guidance in order to safely and expediently reopen restaurants to combat the devastating impacts of the COVID-19 pandemic.

Florida Governor Issues Statewide Stay-at-Home Order

With over 60 percent of Florida’s COVID-19 cases identified in southern Florida, Governor Ron DeSantis passed new measures in an effort to limit the continued spread of the virus. On March 30, 2020, Governor DeSantis passed Executive Order (EO) No. 2020-89, restricting public access in Miami-Dade, Monroe, Palm Beach and Broward Counties to businesses and facilities deemed non-essential. The March 30, 2020, order also prohibits counties from instituting curfews restricting travel to and from the essential establishments.

COVID-19 Safer-at-Home Orders Now Effective in Tampa Bay and Other Florida Counties and Municipalities

On March 17 and 20, 2020, Florida Governor Ron DeSantis issued Executive Orders 20-68 and 20-71, announcing unprecedented state-wide closures of bars and nightclubs, restaurants for on-site dining, and stand-alone gyms. Since then, additional counties and municipalities in Florida have enacted more stringent measures attempting to slow the spread of COVID-19.

Florida Governor Issues Revised Statewide Coronavirus Mitigation Orders

On March 20, 2020, Florida Governor Ron DeSantis issued a series of executive orders in response to the growing and evolving COVID-19 pandemic. Executive Orders 2020-69 through 2020-72 expand the scope of Executive Order (EO) No. 2020-68, which limited the operation of bars, pubs, and nightclubs, as well as restricted gatherings at restaurants and beaches.

An Update on St. Petersburg’s Wage Theft Notice and Posting Requirements and Recent Amendments to Pinellas County’s Wage Theft Ordinance

In 2015, the City of St. Petersburg, Florida, approved an ordinance prohibiting wage theft in the city. The Wage Theft Ordinance (WTO) “aims to eliminate the underpayment or nonpayment of wages” by giving private employees within the city’s limits an administrative process for seeking back wages, liquidated damages, and costs and attorney’s fees. Pinellas County maintains a similar, though not identical, wage theft ordinance.

Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment Claim

In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a strong rebuke to a plaintiff seeking to temporarily enjoin the district court’s use of summary judgment in Title VII claims. The decision may provide guidance for employers as to what behavior constitutes pervasive harassment in the workplace.

New Year, New Legislative Session Greets Florida Employers

Florida’s 2020 legislative session convened today in Tallahassee. This session will be one to watch, as over 20 workplace-related bills have already been filed, covering such topics as discrimination and retaliation, minimum wage and overtime pay, pre-employment verification and background screening, reemployment assistance, tax credits and refunds, job relocation, job protections for medical marijuana users, paid family leave, and heat illness prevention.

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per

The Year 2020 Will Begin With an Increase to Florida’s Minimum Wage

The Florida Minimum Wage Act, which applies to all employees in Florida covered by the federal minimum wage, requires the state’s Department of Economic Opportunity to calculate a new minimum wage rate each year on September 30. The wage rate is based on the percentage increase in the federal Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1. Florida’s minimum wage is currently $8.46 per hour. According to state government officials, beginning January 1, 2020, Florida’s minimum wage is scheduled to rise to $8.56 per hour, which is a $0.10, or 1.12 percent increase, due to the change in the CPI.

Florida’s 2019 Legislative Session Yields Bills Related to Vaping in the Workplace and Unemployment Benefits for Domestic Violence Victims

The Florida Legislature concluded its annual legislative session on Saturday, May 4, 2019. Over 20 employment-related bills were introduced, covering subjects such as E-Verify, criminal background screening, discrimination and harassment, sexual misconduct reporting in health care, local regulation of employment conditions, minimum wage, vaping, paid leave, internship tax credits, restraints of trade or commerce (noncompete agreements), drug-free workplaces, and unemployment compensation claims. Although only two of these bills survived, many of the bills that did not pass could resurface and impact employers in the near future.

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for claims of intentional discrimination, jettisoning the commonly cited “nearly identical” and “same or similar” standards in favor of a test asking whether comparators are “similarly situated in all material respects.”

New Year, New Pay: A State-by-State Roundup of Minimum Wage Increases for 2018

In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced for 2018, along with the related changes to the maximum tip credit permitted and minimum cash wage allowed for tipped employees.

Florida’s Minimum Wage to Increase on January 1, 2018

Florida voters approved a constitutional amendment that created Florida’s minimum wage in November of 2004. The minimum wage applies to all employees in the state covered by the federal minimum wage. Florida law requires a new minimum wage calculation each year on September 30, based on the percentage increase in the Consumer Price Index (CPI) in the South Region for the 12-month period prior to September 1.

Hurricane Ready: 5 Ways Florida Employers Can Prepare for the Next Big Storm

With the peak of hurricane season here, the devastating effects of Hurricane Harvey fresh in our minds, and Hurricane Irma approaching, Florida employers may want to familiarize themselves with employment laws that may be implicated in the event of a storm and be prepared to address storm-related issues, such as closing their businesses and resuming normal operations.