Law and the Workplace

Tag Archives: Florida

Florida Issues Emergency Rule and Additional Guidance Regarding Vaccine Mandate Exemption Law

The Florida Department of Legal Affairs has issued an emergency rule and other additional guidance regarding the recently enacted House Bill HB-1B, which, among other things, requires private employers who mandate COVID-19 vaccination in the workplace to recognize additional exemptions from such vaccine requirements beyond what is required under federal law.  The law, which applies … Continue Reading

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy. Delva v. Continental Group, Inc., 137 So. 3d 371 (Fla. 2014). In its 6-1 decision, the Supreme Court found that “the … Continue Reading

Whistleblower Decision Inaccurately Touted by Plaintiffs’ Bar

It has been consistently held under the Florida Whistleblower Act (“FWA”) covering private employers that there is no protection under the FWA if the employee’s complaint is not for an “actual” violation of a law, rule or regulation.  The law for public employers is broader because it includes disclosure of “suspected violation.”  Nevertheless, on an … Continue Reading

Unemployment Laws Have New Teeth Under the Integrity Act: Are You Ready?

 In 2011, President Obama signed the Unemployment Insurance Integrity Act (the “Act”), which largely shifts the responsibility for unemployment insurance integrity to employers. The Act required states to adopt legislation implementing the provisions of the Act by October 21, 2013 and, in many states, employers are just starting to see the impact of the new … Continue Reading

The Florida Civil Rights Act Amendment

The Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment based on many protected categories but pregnancy is not expressly listed as one of them.  There has been a split in the Florida District Courts of Appeal as to whether pregnancy is covered under the FCRA.  To resolve the split, the Florida Supreme Court heard … Continue Reading
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