April 2021

Keeping 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

As 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

Effective today, April 1, 2021, the United States Coast Guard (“USCG”) requires operators of recreational vessels less than 26 feet in length to use an engine cut off switch (ECOS) and associated ECOS link (ECOSL) when operating in federal waters. The purpose of the new regulation is to prevent runaway vessels and the danger they pose. An ECOSL attaches the vessel operator to a switch that shuts off the engine if the operator is displaced from control of the vessel, such as when they may fall or be thrown overboard.

Since 2018, the USCG has required all manufacturers of covered recreational boats to equip the vessels with an ECOS. Most vessels are equipped with an ECOS Link. The new provision requires individuals operating recreational vessels with an ECOS Link to use them. Exceptions would include when the boat is idling or docking.Continue Reading Maritime Law: If you boat in federal waters, take note of a new federal law effective today