Turning on a Dime: Florida's Minimum Wage Increase

A dime. Ten cents. That’s the increase to Florida’s minimum wage beginning January 1, 2020. It’s hard to imagine that the change from $8.46 in 2019 to $8.56 in 2020 is going to make the difference between being able to survive on a 40-hour workweek and not, but here we are.

The cost-of-living in Florida increased by an estimated 2.4%. If that same change were applied to the minimum wage rate, it should have gone up to $8.66. Apparently, that’s a dime too far for the Sunshine State.

Also, be sure to tip your wait staff! The minimum wage for tipped employees also increases by only ten cents to $5.54 per hour, meaning the remainder of what they take home depends on customer tips.

Heck, it could be worse. The federal minimum wage has been stagnant at $7.25 since July of 2009. Happy New Year and remember: don’t spend it all in one place, kids!

Pictured above: the difference between a life of poverty and a life of untold wealth.

Attorney Shaina Thorpe Selected for the Florida Bar's Labor & Employment Law Board Certification Committee

The firm is proud to announce that shareholder Shaina Thorpe has been selected to serve on the Florida Bar’s Labor & Employment Law Board Certification Committee. She will serve a three-year term, ending in 2022. The nine committee members, along with their staff liaison, are responsible for drafting questions and model answers for the annual Board Certification Exam, and performing other duties related to the certification of attorneys as experts in the field. At the time of this posting, there are only 195 attorneys, including Ms. Thorpe, who are Florida Bar Board Certified in Labor & Employment Law.

Shaina Thorpe Celebrates her 8th Consecutive Year of Being Selected as a Super Lawyers Rising Star

Thorpe & Thorpe, P.A. is pleased to announce that Shaina Thorpe has been selected for the 8th consecutive year as a Super Lawyers Rising Star. She is one of the 2.5% of attorneys in Florida to be selected for this honor in 2019. Ms. Thorpe is thankful for all of her peers who recommended her for this award.

Super Lawyers selects attorneys using a patented multiphase selection process.

Thorpe & Thorpe, P.A. Sponsors Babycycle Diaper Bank Event

Thorpe & Thorpe, P.A. is proud to have sponsored Babycycle Diaper Bank’s 3rd Annual Gala this year!

As the organization notes on its website, “Babycycle is South Pinellas County’s only community diaper bank. Babycycle serves low-income children ages 0-12. At Babycycle, our mission is to provide as many children as possible with clean diapers, wipes, clean clothing, food and other basic necessities. In 2016, we served 15,695 children in the Tampa Bay area through our 22 partner agencies.”

The team here at Thorpe & Thorpe, P.A. was happy to be able to donate to this worthy cause and have a positive impact on our community.

New Year, New To Do's

First and foremost, Happy New Year! We hope 2019 holds great things for you and yours.

Now, back to business! Here is a friendly reminder to business owners of the things that I would recommend doing in the coming weeks:

• January 1st: Florida’s minimum wage increases to $8.46 for hourly employees and minimum direct wage of $5.44 for tipped employees. Employers must post the new minimum wage rates in a conspicuous location. And, don’t forget—if you have employees who are working below the new minimum wage, be sure to increase their pay as of January 1, 2019.

• Renew your Secretary of State filings: Don’t forget to file your annual reports with the secretary of state, if applicable to your business.

• Issue Tax Forms: Check deadlines and talk to your accountant to ensure you are timely issuing all of the proper tax forms, such as 1099’s and W-2’s.

• For My Fellow Attorneys: the beginning of the year might be a good time to check and see if your Florida Bar Trust Accounting Plan is current, if you are required to maintain one. Make sure your trust accounting for 2018 is complete and reconciled. Also, take a look at the holidays observed by your local, state, and federal courts so you can plan your year accordingly.

• All Other Employers: go over your employment documents. Has it been a while since your employee handbook was revised? Is it a good time to review your employees’ job descriptions to ensure they accurately reflect their day-to-day activities? If you haven’t had a board or members’ meeting lately, look into doing.so. You can set goals for the quarter or even the year, look back at what worked in 2018 and what didn’t, and update your by-laws, if needed. You may also want to go over your insurance policies with a licensed agent to be sure that you have ample coverage in areas like workers’ compensation (if required), general liability, and even employment practices liability.

That’s all for now! Best of luck for a successful 2019!

***Please note that this information is based on laws, rules, or guidelines applicable in Florida. It is not intended to be, or otherwise construed as, legal advice. If you have questions or concerns specific to your business, you can set an appointment through our website (www.thorpelawyers.com) for a consultation.

Don't Believe Everything you Read on the Internet

I know it’s shocking, but you can’t believe everything you read on the internet. For example, I recently came across an article entitled “30 Things to Never Give an Employer Until They Hire You,” which, upon review, contains both good and bad advice. In my opinion, there are some serious flaws both from a legal perspective and from a practical perspective with the “tips” in this article. Here are a few of the glaring issues I found:

1. The article suggests that you may want to make “at least some of your contact list available to your employers.” This may pose a problem if your contacts were obtained through your previous employment and you are subject to a non-competition and/or non-solicitation clause. You could be sued for a violation of the agreement and the new employer could even be sued for tortious interference with an advantageous business relationship or contract. Not good.

2. The article notes that materials you developed at your previous employment are “your intellectual property and yours alone.” However, that is not always the case. Many employers will specifically indicate that any patents or other intellectual property developed while working for them become the property of the employer. Therefore, that speech you wrote for your previous employer that was copyrighted may not, in fact, be “your intellectual property and yours alone.”

3. The article discourages you from disclosing visa-related issues. I couldn’t disagree more. In fact, failing to disclose that you may not be able to work for the company in a few months because your visa is running out is almost like lying by omission to get the job. On the contrary, if an employer is aware of your visa situation and believes you are a good fit for the company, the employer could possibly assist you by sponsoring you for a work-related visa.

4. The article is very negative about attending a company function before officially obtaining employment. I find this to be bad advice from a practical level for several reasons. First, even if you don’t get the job you are after, you may be able to build new business relationships at these after hours functions that could help you either get a different job or even find a mentor in the industry. Second, a huge part of an employer’s decision to hire you is whether you will fit into their culture. So your attendance at an after hours event could be the potential employer’s way of seeing how you relate to people on a personal level. In addition, it provides you with a chance to see if YOU like the people you could be working with and/or the clients you could be helping. Even if no job offer materializes after the gathering, your worst case scenario is you lose some time one evening and get to enjoy complimentary food and beverages.

I won’t get into all of the flaws of the article, but, as discussed, there are a few areas of concern from an employment law perspective. The article does have some good points, such as avoiding discussion of your personal life/problems and not bad mouthing previous employers. On the whole though, there is good and bad advice in there. So, before you rely on something you read online, it may be a good choice to confer with an employment law attorney, a professional career coach, or other individuals who assist with job placement.

Bottom Line: When it comes to interviewing, rule one is be honest. Failing to do so could result in your termination at a later date. Rule two is do not over share or speak negatively about others. Finally, rule three is be yourself! Don’t pretend to be someone you’re not to get the job. You are interviewing the potential employer as much as you are being interviewed. You may find that the work environment does not mesh with your personal style or that your future co-workers are not your cup of tea. Best of luck on finding and attaining the job you want!

Photo credit to http://www.brianwfreeman.com/bad-internet-advice-abounds/

Reality v. The Pregnancy Discrimination Act

Despite the Pregnancy Discrimination Act being passed in 1978 and the Florida Supreme Court holding that the Florida Civil Rights Act of 1992 includes protection from pregnancy discrimination, women of childbearing age still have to face major hurdles in the workplace.  Women find themselves wondering whether they will be able to find a job when they are pregnant or if their potential employer believes they may become pregnant.  Many women are passed over for promotions either due to intentional stereotypes about a woman's ability or desire to work hard after having a child, or subconscious beliefs that women won't be able to pull their weight at the office once they have children.  Truthfully, many women find themselves spread thin and riddled with guilt--compelled to give 100% to their families while also giving 100% to their careers.  

The Family and Medical Leave Act of 1993 provides that covered employers (those with 50 or more employees within a 75-mile radius) must provide up to 12 weeks of unpaid leave to covered employees due to the birth or adoption of a child.  This is a summary of the law, but the key point is this: even if you are a covered employee working for a covered employer, you may be entitled to 12 weeks of leave, but that leave is unpaid.  That is, unless the employer voluntarily chooses to pay for the leave time or allows employees to substitute out sick or vacation time for FMLA leave.  For many women, taking 12 weeks off to bond and care for their newborn is highly desireable, but simply unattainable.  In a nation where the vast majority of families live paycheck-to-pacheck, 12 weeks without pay is just not an option.  

I've said it before, and I'll say it again--we claim to be a nation that supports "family values."  But when it comes time to back those values up with money and programs to support mothers and fathers, we fall woefully short.  Mothers either lose their jobs, return to work mere days after giving birth to keep their jobs, or go weeks without pay, only to return to jobs where they will forevermore earn less than their male counterparts because they missed out on key stepping stones to promotions.  Fathers who want to take time to bond with their babies also lose out on pay and benefits during leave, and may even suffer from stigma and ridicule from co-workers and management.  As a society, we should be coming together to encourage men to be active fathers and providing support for mothers who are healing physically while caring for one or more newborns.

And, employers, you are missing out, too.  Parents of young children can be huge assets to companies, using their mutitasking skills to bring fresh perspective to the workplace.  And, let's not forget, just because somebody has had a baby, that does not mean that all of their education, training, and experience has evaporated.  Flexible work schedules and supportive paid time off policies may not be mandatory, but such programs may save companies more money in the long run, since the companies will not have to hire and train new employees to fill the roles of departed parents.

If you believe you have been discriminated against because of a pregnancy or pregnancy-related condition, use our website to set up a phone consultation.  Meanwhile, you can check out this article which gives some interesting information on declining birthrates in the U.S. and employment law.