Ordering Florida court clerks to issue marriage licenses to same-sex couples, U.S. District Judge Robert L. Hinkle, in Tallahassee, has announced that his August 2014 decision finding Florida’s 2008 same-sex marriage ban violated the U.S. Constitution applied to all marriage-license applicants, not only to the couples named in the lawsuit. In his August ruling, Judge Hinkle wrote, “The Florida provisions that prohibit the recognition of same-sex marriages lawfully entered elsewhere, like the federal provision, are unconstitutional. So is the Florida ban on entering same-sex marriages.” Brenner et al. v. Scott, 999 F. Supp. 2d 1278 (N.D. Fla. 2014).
Articles About Florida Labor and Employment Law.
Miami-Dade County, Florida, to Prohibit Discrimination Based on Gender Identity and Expression
Miami-Dade County is set to become the 21st municipality in Florida to adopt legal protections for individuals based on gender identity and expression. County commissioners on December 2, 2014, voted 8-3 to amend the county’s human rights law (Chapter 11A of the Code of Miami-Dade County) to prohibit discrimination in housing, public accommodations, and employment based on gender identity or gender expression.
Proponents of Florida’s Medical Marijuana Amendment Have High Hopes But Will Its Passing Affect Your Workplace Policies?
Executive Summary: If voters approve the ballot initiative “Use of Marijuana for Certain Medical Conditions” (“Amendment 2”) this November, Florida will become the 24th state plus Washington D.C. to legalize medical marijuana.[1] Amendment 2 would amend the Florida Constitution to allow the medical use of marijuana for individuals with certain debilitating conditions as determined by a physician. The proposed amendment gives little insight into its potential effect on employer policies, and, if approved, the implementing regulations will not be available until July of 2015. However, with more and more states legalizing some form of medical marijuana, employers should be proactive in assessing their workplace policies and drug testing programs for compliance, especially when operating in more than one jurisdiction.
The Florida Employer Fall 2014
A bulletin on employment, labor, benefits, and immigration law.
Florida Court finds Workers’ Compensation Statute Unconstitutional
Executive Summary: Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida’s Workers’ Compensation Act (the “Act”), which makes the Act the “exclusive” remedy available to injured workers, their spouses, children and their estates for injuries or death on the job, is unconstitutional because it does not provide adequate medical care for injured workers or dollars to replace lost wages for injured workers. In striking down the exclusive remedy provision of the Act, the court held that the 2003 amendments to the Act, which removed compensation for partial loss of wage earning capacity, made the Act an inadequate exclusive replacement remedy in place of common law tort claims as required by the 14th Amendment to the U. S. Constitution or by the Florida Constitution.
New Florida Data Security and Breach Law Effective July 1
Businesses that maintain individuals’ confidential, personal information may need to be more alert in protecting this data under the Florida Information Protection Act of 2014, signed into law by Governor Rick Scott.
Florida Supreme Court Rules Florida Civil Rights Act Bars Pregnancy Discrimination
The Florida Civil Rights Act’s ban on discrimination based on gender can cover claims of pregnancy discrimination, the Florida Supreme Court has ruled, resolving a conflict among the appellate courts in the state. Delva v. The Continental Group, Inc., No. SC12-231 (Fla. Apr. 14, 2014).
Florida Supreme Court Finds State Law Bans Pregnancy Discrimination
Executive Summary: The Florida Supreme has held that the Florida Civil Rights Act’s (FCRA) prohibition against discrimination on the basis of sex includes discrimination based on pregnancy. See Delva v. The Continental Group, 2014 Fla. LEXIS 1316 (April 17, 2014). In reaching this conclusion, the Court noted that pregnancy is a “natural condition and primary characteristic unique to the female sex.” The Court’s decision resolves a split of authority among the lower courts on this issue.
Florida Bans Texting While Driving
By adopting the “Florida Ban on Texting While Driving Law,” Florida has joined 41 other states where texting while driving is illegal. The new law prohibits, as a secondary offense, manual texting, e-mailing and instant messaging on a wireless device while driving. Drivers cannot be pulled over for texting alone; rather, the driver must have engaged in a separate traffic offense. The new law adds Section 316.305 to the Florida Statutes and amends other sections.
The Florida Employer Fall 2013
A bulletin on employment, labor, benefits, and immigration law.
The Florida Employer (Spring 2013)
A bulletin on employment, labor, benefits, and immigration law.
The Florida Employer Fall 2012
A bulletin on employment, labor, benefits, and immigration law.
The Florida Employer Spring 2012
A bulletin on employment, labor, benefits, and immigration law.