Posts

Showing posts with the label Florida

Employer Checklist for July 2026

Image
Employer Checklist for July 2026 Here are the top 10 workplace compliance items you should tackle in July 2026, based on the latest labor and employment law updates: _____ Catch up on recent SCOTUS rulings. During the final days of its 2025-2026 term, the Supreme Court issued some key decisions that will affect the workplace. The Court vastly expanded the presidential power to remove members of independent agencies ( read more about Trump v. Slaughter ) and upheld the Trump administration’s termination of TPS Protections for Haiti and Syria ( read more about Mullin v. Doe ). SCOTUS also ruled that states may ban transgender athletes from participating on female sports teams without violating the Equal Protection Clause, and that Title IX allows schools to provide separate women’s and men’s teams defined by biological sex ( read more about Little v. Hecox / West Virginia v. B.P.J. ). _____ Find DOL answers to wage and hour questions + meet new Secretary nominee. The US Department of Lab...

New Florida Law Offers Clarity in Workplace Discrimination Filings: What Employers Need to Know

Florida just cleared up a longstanding question for employers facing state-law workplace discrimination claims. E mployers and employees alike now have a clearer, more predictable deadline for when such claims can go to court. Indeed, HB 1407 should reduce the procedural fights that have clouded these cases for years. Some questions remain, however, including how the new deadlines apply to charges already in the pipeline. Here’s what changed, why it matters, and how to handle pending cases until the courts weigh in. How Long Does an Employee Have to Sue? Clarity from Lawmakers: Governor DeSantis recently signed CS/HB 1407 into law, and effective July 1, it amends the Florida Civil Rights Act (FCRA) to spell out exactly how long an employee has to sue after a state discrimination charge runs its course. The new law ends a confusing court split that left employers guessing whether a stale claim was dead or alive, and it aligns with Florida’s broader push to reduce the time and money b...

Amended Florida Civil Rights Act Reduces Both Administrative Delay and Businesses’ Legal Exposure

  Takeaways Expected to begin on 07.01.26, Florida Civil Rights Act civil actions must be filed within firm deadlines. As amended by Florida House Bill 1407, any civil action brought under the Act must commence no later than one year after the date of determination of reasonable cause by the Florida Commission on Human Relations or issuance of a Notice of Right to Sue by the Equal Employment Opportunity Commission, whichever is earlier.  The new law resolves conflicting court rulings and limits prolonged employer exposure to claims under the Act. Related link Florida House Bill 1407 Article Amendments to the Florida Civil Rights Act of 1992 (FCRA) finally provide clear deadlines for pursuing claims under the law and certainty for employers and employees.  House Bill 1407  is pending in the Florida Legislature and, if enacted, would take effect on July 1, 2026. FCRA Background Codified in Chapter 760, Florida Statutes, the FCRA prohibits discrimination in employment b...

No Severance, No Non-Compete? Virginia Expands Its Non-Compete Restrictions

  Virginia is poised to further expand its restrictions on employee non-competes. The Virginia legislature r ecently passed   SB 170   (the “SB 170”), making employee non-competes unenforceable if an employer terminates an employee without cause and does not provide severance or other monetary compensation . This new requirement applies to non-competes for employees at all levels regardless of compensation. Failure to comply with SB 170 can lead to civil penalties and private rights of action with recovery of attorney fees and damages. SB 170 is headed to Governor Abigail Spanberger, who is expected to sign it. This development is the latest in the growing patchwork of state non-compete laws. Although the Federal Trade Commission’s (“FTC’s”) nationwide non-compete rule has been  sidelined , scrutiny of restrictive covenants at the FTC remains. States, such as  Colorado ,  Illinois , and  Minnesota , continue to pass laws seeking to limit or ban employ...

Federal Appeals Court Reaffirms Alternative Approach to Proving Discrimination: 5 Things Employers Need to Know

The 11th US Circuit Court of Appeals is continuing to reshape how judges evaluate evidence in employment discrimination and retaliation cases. Its December 5 decision in  Ismael v. Roundtree  further distances the court from the traditional burden-shifting framework and reinforces its preference for a “convincing mosaic” standard . This development could make it more difficult for employers to obtain early dismissal in discrimination and retaliation lawsuits – and employers in the 11th Circuit (Florida, Georgia, and Alabama) should take note. Here’s a rundown of the ruling, what the “convincing mosaic” standard could mean for your workplace litigation strategy, and five compliance steps to take now. A Quick Refresher:  McDonnell Douglas  vs. Convincing Mosaic For decades, courts relied on the US Supreme Court’s  McDonnell Douglas  framework to analyze circumstantial evidence of discrimination. Under that approach, once an employee establishes a prima facie ...

Digital Risk Report, December 2025

Artificial intelligence (AI) continues to move at a pace that few regulatory frameworks can match. This week alone underscored just how deeply AI is permeating every corner of the business world—from financial services, health care, and data centers to marketing technologies, web analytics, and core infrastructure. On December 11, President Trump issued a sweeping Executive Order aimed at curbing the growing patchwork of state AI laws and signaling a strong federal push toward uniformity, global competitiveness, and innovation-first AI policy. The Order sets the stage for significant legal, political, and constitutional debate, particularly around state enforcement authority, algorithmic accountability, and the future of consumer protections. At the same time, states and regulators are not standing still. Florida's proposed AI consumer protections, California's continued expansion of privacy enforcement under the California Invasion of Privacy Act (CIPA), and aggressive litig...