sailboats in a marinaHurricane season runs from June 1 through November 30. We are currently in the peak of hurricane season, as most storms occur in August and September, and the next major storm could be right around the corner.

High winds, storm surge, rising sea levels, and increased tides are just some of the concerns boaters must consider during hurricane season, and preparing your boat is one of the most important ways you can protect your asset.

In advance

  • Check your personal dockage, or speak to your marina regarding storm preparations and securing your vessel;
  • Many marinas will offer emergency mooring or dry dock provided you have contacted them well in advance — in fact, reserve now for next season — to secure space during an emergency;
  • Update your boat inventory and supply lists, photograph the vessel and all important equipment and inventory; and,
  • Copy and protect your boat insurance policy, registration and documentation, any lease agreements with marinas or storage facilities, photos, and inventory lists and store them in a safe location.

When a storm is imminent

Continue Reading Preparing and protecting your boat for a hurricane

Waitress in a maskIn keeping with his candidate promises, President Biden’s new appointees issued new COVID-19 regulations. Under the prior administration, the EEOC concluded an employer could require an employee to be vaccinated as a condition of employment. While subject to certain limitations, such as accommodations for medical conditions and religious objections, this was a significant win for employers as they tried to return to normalcy.

Lack of consistency among government agencies

The EEOC’s pronouncement was seen as giving employers the approval to encourage vaccination. BJ Zarvis of Pewter Mug restaurant, “I saw this information as a way to give me, my employees, and my customers some comfort knowing that they were coming to a safe place.”

But then OSHA, under the new Biden administration, announced that any employer that created a mandatory vaccination plan would be subject to OSHA reporting rules if there were any adverse effects from the vaccination. Any lost days would be reportable, which potentially subjects the employer to higher insurance rates and fines. “When I heard about OSHA’s position,” said Zarvis, “I decided it wasn’t worth it to make it mandatory.”

Luckily, OSHA’s position took considerable heat from the public, across the political spectrum, such that it finally announced it was rolling back its position and not making adverse effects from a mandatory vaccination program reportable. So employers like Zarvis can again consider the pros and cons of making vaccinations mandatory.

What is keeping employers from mandating vaccinations?

Continue Reading How are Florida employers keeping up with ever-changing vaccine requirements?

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Wine GlassesOn May 13, 2021, Florida Governor Ron DeSantis signed into law Senate Bill 148, which allows restaurants or other alcohol beverage vendors to sell alcoholic drinks to-go.  No, this does not mean that Florida is an open container state; possession of an open alcoholic container in Florida is still illegal under Florida Statutes, section 316.1936 and 856.011. However, customers who want to order take-out from their favorite restaurant can now also bring home their favorite cocktail, providing the restaurant meets certain requirements.

The alcoholic drinks to-go initially started through one of DeSantis’s emergency orders as a way for struggling restaurants during the COVID-19 pandemic to increase their sales. “Alcoholic drinks to-go became an important source of revenue for restaurants that were trying to survive during the pandemic,” DeSantis noted. Throughout the pandemic, restaurants were some of Florida’s businesses that were most affected. Florida Representative Josie Tomkow stated, however, that the new law

allows for restaurants to continue to offer alcohol-to-go as an option. This pro-consumer, business-friendly bill will help support our restaurant industry and its tens of thousands of employees.”

Requirements

Continue Reading I’ll Take it To-Go: New Florida Law Makes To-Go Alcohol Sales Permanent Effective July 1

There is no such thing as an unimportant Supreme Court of the United States (SCOTUS) opinion. As someone who vigorously defends the media in First Amendment cases, I eagerly awaited the SCOTUS opinion in Maloney Area School District v B.L. The opinion was rendered on June 23, 2021, and I quickly read it looking for nuggets I could use in the representation of my clients. Although the case did not involve media, the 8-1 (Justice Thomas dissenting) decision importantly upheld First Amendment protections.

Defenders of the First Amendment will hail the decision as another important victory for free speech and will no doubt cite to the opinion authored by Justice Breyer and the significant statements concerning the importance of the First Amendment:

  • “America’s public schools are the nurseries of democracy. Our representative democracy only works if we protect ‘the marketplace of ideas.’ That marketplace must include the protection of unpopular ideas, for popular ideas have less need for protection.”
  • “The First Amendment protects ‘even hurtful speech on public issues to ensure that we do not stifle public debate.’”

Take-Away

Continue Reading SCOTUS Decision on First Amendment Rights: Who Really Won?

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COVID-19 vaccineOn June 12, 2021, a federal judge entered an Order dismissing a hospital employee’s lawsuit attempting to block a hospital policy requiring employees to receive a COVID-19 vaccine. Houston Methodist Hospital announced a policy on April 1, 2021, mandating that all employees receive one of the COVID-19 vaccines. The hospital eventually suspended 178 employees without pay for their refusal to get vaccinated. Jessica Bridges, along with 116 other hospital employees, brought suit to block the vaccine requirement and to overturn their suspensions and possible terminations.

At the beginning of 2021, there was much speculation throughout the country regarding whether or not employers could require employees to receive a COVID-19 vaccine. In a previous article, Can Employers Require Employees to Receive the COVID-19 Vaccine?, I indicated that the answer appeared to be yes, with some exceptions. Now U.S. District Judge Lynn N. Hughes appears to have confirmed this through his dismissal of Bridge’s lawsuit.

Plaintiff’s argument opposing COVID-19 vaccine

Continue Reading Federal judge upholds employer’s COVID-19 vaccine requirement

health insuranceSponsors of group health plans have new responsibilities following the passage of the American Rescue Plan Act (“ARPA”) on March 11, 2021. Under ARPA, certain participants and beneficiaries of employer-sponsored health plans are eligible for a federal subsidy, which will cover for a limited period 100% of the premium for COBRA continuation coverage. The subsidy is also available in the case of plans covered by Florida’s mini-COBRA law, which applies to group health plans of employers having fewer than 20 employees.

The Importance of Being an “Assistance Eligible Individual”

Federally subsidized COBRA coverage is available only to a person who is an Assistance Eligible Individual (“AEI”) under ARPA. This term comprehends an employee or former employee, and any dependent, losing group health plan coverage as a result of an employee’s reduction in work hours or involuntary termination.

Persons losing coverage because of an employee’s voluntary retirement are not AEIs. Nor is anyone who is eligible for coverage under another group health plan, such as through a spouse’s employment, or for Medicare, an AEI, even though they don’t enroll in the alternative coverage. These individuals may be eligible to elect COBRA, but they will generally have to pay for the coverage themselves.

ARPA Subsidy Availability

The COBRA subsidy first became available on April 1, 2021, but can be retroactively effective to that date for AEIs having COBRA coverage at the time, who may be reimbursed for premiums they paid or receive a credit against future premiums.

In many cases, an AEI who was not already covered by COBRA at the beginning of the subsidy period will be able to elect COBRA continuation coverage retroactive to April 1, 2021, and have the cost of the coverage completely paid by the federal government, regardless of its cost or the individual’s income level.

The longest period any AEI can qualify for a subsidy is six months, and no AEI can receive a subsidy for a coverage period extending beyond September 30, 2021.

Employer Role in Payment Process

Continue Reading Employer Responsibilities under the Temporary Federal COBRA Subsidy

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COVID-19 VaccineWith three coronavirus vaccines approved for use in the United States, an end to the pandemic appears in sight. But returning to normal comes with plenty of unknowns. For employers looking to reduce (or eliminate) virtual working, several pertinent questions are now surfacing.

Can I ask employees if they have been vaccinated?

The law generally prohibits employers from probing into an employee’s medical history. It is acceptable for a supervisor to ask if an employee is feeling OK or can complete work for the day. However, it is another story when an employer starts asking questions to determine if an employee is pregnant, diabetic, or suffering from some illness. The Americans with Disabilities Act (ADA) prohibits employers from forcing an employee to disclose disabilities or serious medical conditions.

Thankfully, the Equal Employment Opportunity Commission (EEOC) has removed any uncertainty about how the ADA applies in this context. According to recent guidance from the EEOC, employers are permitted to ask employees if they have been vaccinated and for documentation of the vaccine. Employers should, however, avoid health inquiries that probe into other areas not related to the vaccine, as this could run afoul of other employment laws relating to discrimination and disability.

Can I offer incentives for my employees to be vaccinated?

Continue Reading Coming Back to Work – Common Coronavirus Questions by Employers

webinar photoKeeping up with the employment law changes under the Biden Administration can be a challenge. Members of Henderson, Franklin, Starnes & Holt, P.A. and Marks Gray, P.A.’s legal teams will host a virtual one-hour session to help business owners, human resource professionals, and in-house counsel understand what these changes mean for employers now, and how to prepare for what might be on the horizon. Click here to download the program brochure.

Program Overview

Guest speaker Giselle Carson, an immigration and compliance attorney with the Marks Gray law firm in Jacksonville, will kick-off the session. She will provide an update on H1B caps, travel bans and consulate processing, as well as I-9 flexibility.

Next, Employee Benefits Attorney David Ledermann will provide an overview on COBRA changes. These include the new federal COBRA subsidy under the American Rescue Plan Act and related notice requirements, interaction with the extended time periods previously granted relating to the pandemic-related national emergency, potential subsequent availability of special enrollment rights in the Health Insurance Marketplace, and considerations relative to Florida’s mini-COBRA law.

Continue Reading 100 Days In: Update on Biden Employment Policies

photo of HR Policies and ProceduresAs the nation begins the slow recovery from the COVID pandemic, businesses will start to return to some level of “normalcy.” But that normalcy will be in a vastly different governmental environment. During the Trump years, businesses benefited from the administration’s pro-business attitude. The Biden administration has made it clear it intends to adopt a pro-employee, pro-union stance. In its first 100 days, the administration has begun to set the pieces for its long-term goals.

What impact will the Equality Act, if passed, have on employers?

One of the more visible areas of change is coming in the civil rights arena. President Biden fired the Equal Employment Opportunity Commission’s general counsel in March when she refused to resign. The EEOC general counsel, who sets the tone for the number and types of cases the Commission pursues, had been relatively modest in her enforcement efforts during the Trump administration. That should be changing. One area that will likely be a red flag issue with the Biden-era EEOC is LGBTQ+ rights.

Continue Reading Employers need to pay attention to sexual orientation and gender identity protection policies

Governor Ron Desantis issued an executive order prohibiting COVID-19 “vaccine passports” in Florida. The order prevents government entities from issuing “vaccine passports” or other standardized documentation for the purpose of certifying an individual’s COVID-19 vaccine status to a third party.

How does this order impact Florida business owners?

Further, this order prohibits businesses in Florida from requiring patrons to provide documentation certifying that the individual had a COVID-19 vaccination. Businesses still, however, can employ COVID-19 screening protocols and measures, such as requiring the use of a mask.

Continue Reading No COVID-19 “Vaccine Passports” for Florida