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Total Articles: 14

Get Your Summer Camp Compliance in Order

The Florida legislature amended Florida Statute 409.175, the law related to screening requirements for summer camps operated in Florida, effective in August 2010. In essence, the new statute provides Florida's Department of Children and Families with the authority to adopt rules relating to the screening requirements for "summer day camps" and "summer 24-hour camps." Though no rules have been adopted as of yet, the statute itself creates a Level 2 background screening requirement (as defined in Fla. Stat. 435) for all "summer day camp" and "summer 24-hour camp" "personnel."

New Executive Order Requires Florida Agencies to Comply with E-Verify

In one of his first official acts after being sworn into office, Florida Governor Rick Scott signed an Executive Order (EO 11-02) requiring all agencies under the direction of the Governor to use the federal E-Verify system to verify the employment eligibility of their current and prospective employees. EO 11-02 imposes similar E-Verify requirements on state contractors and encourages agencies not under the direction of the Governor to use the E-Verify system. A copy of the Order, signed January 4, 2010, is available at http://www.flgov.com/wp-content/uploads/2011/01/scott.eo_.two_.pdf. EO 11-02 is effective immediately.

Miami-Dade County Prohibits "Wage Theft".

The Miami-Dade County Board of Commissioners recently approved an ordinance prohibiting "Wage Theft" in the county. The new ordinance will become effective on February 28, 2010.

Judge Delays Ruling on Request for an Injunction Against Florida's "Bring Your Gun to Work" Law.

A Federal judge in Florida has delayed a decision on a request by business groups to halt implementation of the so-called "Bring Your Gun to Work" law. Judge Robert Hinkle of the Northern District of Florida heard arguments on a request by the Florida Chamber of Commerce and the Florida Retail Federation to enjoin the law from going into effect as scheduled on July 1, 2008.

Florida’s Guns At Work Law to Take Effect July 1, 2008

As most employers in Florida are aware, the Florida “Guns at Work” law is scheduled to take effect July 1, 2008. The law, which prohibits public and private employers from banning guns in their parking lots, has been challenged by the Florida Chamber of Commerce and the Florida Retail Federation. A federal district court heard argument on the case yesterday (June 25). Although the judge did not rule at the close of the hearing, his comments reflected skepticism of the law. Many employers were hoping the judge would issue an order temporarily prohibiting enforcement of the law; however, the judge stated that he needed more time to consider the issue. The judge also stated that he doubted the groups challenging the law would suffer irreparable harm before he makes a decision, which likely will be in mid-July. Accordingly, it appears the law will take effect July 1, as scheduled.

New Florida Laws Aimed at Schools.

The Florida legislature enacted three bills this session relating to education issues in Florida. Although none have yet been signed by Governor Crist, all three are expected to be signed. Only one (the Ethics in Education Act) has an immediate impact on Florida private schools; it contains a series of requirements that private schools need to plan for. The other two either pertain only to public schools (the bullying law), or reflect a pilot program not yet widely applicable to private schools (extracurricular activities). Here is a brief summary of each.

Armed and at Work in Florida (pdf).

Most employers embrace the concept of Bring Your Child to Work Days. The State of Florida recently enacted a law which permits employees to Bring Your Gun to Work Everyday. Employers in the Sunshine State now face a host of challenges and enhanced potential for tort liability.

Florida "Guns at Work” Law Challenged.

The Florida Chamber of Commerce and the Florida Retail Federation have filed suit in federal court challenging the constitutionality of the Florida “Guns at Work” law. As discussed in our prior Legal Alert, this law, which takes effect July 1, 2008, makes it illegal for public and private employers to have policies prohibiting firearms on their private property.

Florida’s New "Guns at Work" Law

On April 15, 2008, Florida Governor Charlie Crist signed into law a long disputed and politically divisive bill allowing Florida employees to bring guns to work – as long as the firearm is secured in the employee’s locked vehicle. Employees are not permitted to remove firearms from their vehicles on an employer’s property for any reason other than self-defense. The law also permits an employee to have ammunition for the firearm.

Florida Governor Signs “Bring Your Guns to Work” Law.

Florida Governor Charlie Crist has signed the “bring your guns to work” bill, which makes it illegal for public and private employers to have policies prohibiting firearms on their private property. Specifically, the law permits employees who have concealed weapons permits to keep firearms locked in their vehicles on company property. Additionally, the law permits customers or other “invitees” of a business to have firearms locked in their vehicles in the business’ parking lot, regardless of whether they have a concealed weapons permit.

Florida Enacts Law Protecting Employees' Right to Bring Firearms to Work.

A new law in Florida will soon prevent employers from prohibiting employees licensed to carry concealed weapons from keeping firearms in their locked vehicles at work. The law, dubbed the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008,” takes effect July 1, 2008.

Terminating Internal Grievance Procedure Due To EEOC Charge Held To Be Unlawful.

Florida employers who terminate internal grievance procedures or investigations when an employee files a formal charge of discrimination may be liable for unlawful retaliation under a new decision issued by the Florida Fourth District Court of Appeal. On January 23, 2008, the court held that Broward County, Florida, unlawfully retaliated against a county bus driver, in violation of the Florida Civil Rights Act, when it terminated an internal grievance procedure upon learning that the bus driver had filed a formal charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Donovan v. Broward County Bd. of Comm’rs., No. 4D07-52, Florida Fourth District Court of Appeal (January 23, 2008).

New Leave Law In Effect In Florida (pdf).

Effective July 1, 2007, certain Florida employers will be required to offer leave to employees who are victims of domestic violence. The new law applies to employers who employ 50 or more employees.

New Florida Law Requires Employers to Provide Leave to Victims of Domestic Violence.

Under a law signed by Florida Governor Charlie Crist June 12, 2007, as of July 1, 2007, Florida employers must give employees up to three days of leave in a twelve-month period if the employee or a family or household member is a victim of domestic violence. See HB 55. This law makes Florida one of only a few states that require leave for victims of domestic violence. Illinois enacted a similar law in 2003 and North Carolina law prohibits employers from discriminating against victims of domestic violence.
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