Articles Discussing General Topics In Florida Employment Law.

On December 31, 2020, the Florida Supreme Court announced the amendment of Florida’s summary judgment standard, adopting the more relaxed federal summary judgment standard, in an effort to improve the fairness and efficiency of Florida’s civil justice system and relieve parties from the burdens of meritless litigation.

On November 3, 2020, Florida voters approved Amendment 2, which will amend Florida’s constitution to gradually increase the state’s minimum wage to $15 an hour by the year 2026.  In Florida, a constitutional amendment must be passed by a “super-majority” (equal to or greater than 60%). Amendment 2 passed

On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an employment discrimination case. While the trial court retained broad discretion over the scope

Florida has enacted a new law that makes the use of E-Verify mandatory for all government employers and certain private employers. This will require changes in employers’ hiring to some extent beginning January 1, 2021. Read more here.

Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a plaintiff must file a lawsuit alleging a violation of the FCRA in situations where the Florida Commission on Human Relations (FCHR) has failed to issue a determination on a charge of discrimination (Charge) within 180 days of the Charge’s filing.

Florida has enacted a new law that makes the use of E-Verify mandatory for all government employers and certain private employers. This will require changes in employers’ hiring to some extent beginning January 1, 2021.

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

On April 29, 2020, the eve of the natural expiration of his “Safer at Home Order,” Governor Rick DeSantis announced his “Safe. Smart. Step-by-Step.” plan to reopen Florida, which he explained would include three phases in line with the guidelines previously released by the White House. Under the plan, most of Florida would enter “phase one” of the state’s reopening process at 12:01 a.m. on May 4, while continuing the fight against COVID-19.

On April 1, 2020, Florida Governor Ron Desantis issued Order 20-91 directing Floridians to limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities, and additionally directing senior citizens and individuals with significant underlying medical conditions to stay at home during the continued COVID-19 crisis. The order does not define specify at what age individuals are considered to be senior citizens. The Safer at Home Order went into effect at 12:01 a.m. on April 3, 2020, and will expire on April 30, 2020, unless extended by a subsequent order.

On March 25, 2020, Pinellas County issued an order directing citizens to comply with the CDC guidelines of maintaining a distance of 6 feet from other individuals and not gathering in groups of more than 10 individuals, and to limit non-essential activities during the continued COVID-19 crisis. The Safer-At-Home Order went into effect at 11:27 a.m. on March 26, 2020, and will continue until the expiration of the existing Local State of Emergency.

Case management is such an important task for litigators. We must plan how best to utilize the allotted and often limited time provided for each case.

A 2016 Miami ordinance, intended to increase the City’s minimum wage to more than $13.00 an hour by 2021, remains invalid after the state’s highest court denied review of a lower appellate court decision.

Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country attempting to provide some defense to beleaguered businesses.

Executive Summary: Late last week Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2).

Last November, Florida voters overwhelmingly voted to amend the Florida Constitution to permit the use of medical marijuana. The constitutional amendment went into effect on January 3, 2017, and required regulations to be implemented no later than July 3, 2017. On June 9, 2017, the Florida Senate passed a bill relating to medical use of marijuana, and Governor Rick Scott signed it on June 23, 2017, rendering it effective.