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EPGD Law Blog

Category: Employment Law
EPGD Law Employment
Employment Law
Eric Gros-Dubois

What If I Was Furloughed In Florida?

According to Section 110.107(11) of the Florida Statutes, “Furlough” means a temporary reduction in the regular hours of employment in a pay period, or temporary leave without pay for one or more pay periods, with a commensurate reduction in pay, which is necessitated by a projected deficit in any fund that supports salary and benefit appropriations.

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EPGD Law Employment Law
Employment Law
Eric Gros-Dubois

What can I do if my employee is not taking sufficient efforts to be re-tested after having Coronavirus?

Five months into the Coronavirus pandemic, it is unfortunately common for one of your employees to test positive for the virus. What do you do? You give them time to recover at home, ensure that they sufficiently isolate themselves, and then request 2 negative test results in accordance with CDC guidelines. Eventually, it will be time for your employee to return to the office—but what do you do if they refuse to be tested?

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EPGD Law Unemployment
Employment Law
Eric Gros-Dubois

When can my Unemployment Claim be Denied?

In Florida, to obtain reemployment assistance benefits, an individual must file a claim with the Florida Department of Economic Opportunity.  Once the claim is filed, the claim undergoes an adjudication process where the claim is reviewed for potential issues which may disqualify an individual from receiving reemployment benefits such as: reason for termination, individual’s availability, and individual’s ability to work.

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EPGD Law Business Law
Contract
Eric Gros-Dubois

Why Are Employment Contracts So Important?

An employment contract is an agreement between two parties – an employee and an employer, that involves terms and conditions of employment. Some employment contracts may be oral, whereas others are written and contain many descriptive provisions. Oral employment contracts are enforceable but could be much more difficult to prove in court.

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EPGD Law HIPAA
Employment Law
Eric Gros-Dubois

What Is HIPAA?

The HIPAA stands for The Health Insurance Portability and Accountability Act. This federal Act protects the privacy of patient information from third parties. Therefore, most healthcare providers such as healthcare insurance companies, hospitals, etc. can only disclose patient information in cases when the HIPAA allows the disclosure. Under the HIPAA, apart from disclosing the patient’s information for treatment purposes, only “the minimum necessary to accomplish the purpose of the disclosure” can be revealed.

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EPGD Law COVID
COVID-19
Eric Gros-Dubois

Rehiring Furloughed Employees Post-Covid-19

A furlough is a temporary, unpaid leave of absence, with an expectation that an employee will return to his or her job at a specific time. A furlough could also include reduced hours of work or work weeks. Ultimately, a furloughed employee remains an employee.

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EPGD Law COVID
COVID-19
Silvino Diaz

Employment Standards During Covid-19

The OSHA wants to ensure certain safety measures in a working environment, yet, also want to make certain that an employee is asserting an issue or concern in good faith. If your employer fails to implement proper guidelines or does not take reasonable steps to safeguard your well-being, then the law offers you, as an employee, the right to refuse to come into your workplace, until the imminent fear is no longer apparent.

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EPGD Law COVID
Bankruptcy
Silvino Diaz

Covid-19 Disaster Assistance Update

The measurements taken to prevent the spread of Covid-19 in the US have caused an economic downturn that is dramatically affecting our country’s small businesses. While Congress was able to enact the CARES Act to provide emergency financial aid to those applied for one of its programs; unfortunately, it has now been reported that funding for these programs has been exhausted. 

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EPGD Law Employment Law
COVID-19
Silvino Diaz

FLORIDA “REEMPLOYMENT ASSISTANCE”: Simple Answers to Common Questions Regarding Unemployment Claims and Benefits

Navigating the complex process of applying for reemployment assistance in the wake of an unexpected layoff is never a simple task.  That difficult process is made even more complicated during a crisis that creates mass unemployment, such as the one which we are currently experiencing as a result of the ongoing COVID-19 pandemic.  This guide is designed to answer some of the most commonly asked questions with regard to the Florida Reemployment Assistance program and to discuss changes in this area of law that have been made in light of the ongoing pandemic.

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EPGD Law Borrower's Representative
Bankruptcy
Eric Gros-Dubois

Who is a Borrower’s Representative?

Borrower’s Representative means an individual or an organization that is designated by the Borrower to act on behalf of the Borrower by a written certificate and complying with the requirements of the applicable state. The borrower’s representative always requires some written proof of authority before being able to act on behalf of the borrower.

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EPGD Law Business Law
Business Law
Silvino Diaz

How to Ensure you are Compliant with the PPP Loan

Over the past several weeks, thousands of businesses have applied for and (some) have received the Small Business Administration’s Paycheck Protection Program loan. An attractive condition of this loan is the potential it to be forgiven. However, the SBA has continued to issue guidance on how to remain eligible for forgiveness, and there are strict protocols that businesses must follow.

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Business Law
Eric Gros-Dubois

Can an Employer Inquire into Whether its Employees have been Exposed to Coronavirus?

The COVID-19 Virus (“Coronavirus”) is presenting challenges for businesses in a multitude of areas. One particularly concerning prospect is an employee being exposed to the virus and in turn contaminating the rest of the business. While employers may want to ask their employees questions about their health to evaluate the risk of exposure, employers need to be aware of the various laws surrounding this sensitive topic.

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Employment Law
Eric Gros-Dubois

Does my Employer Have to pay me if I am Quarantined due to the Coronavirus?

With the current state of the world, you may be thinking about what you can expect if you are unable to go to work due to the Coronavirus. Employment and Labor laws can vary by state, and by county. Additionally, you may have a contract or collective bargaining agreement with your employer that determines what happens when you cannot show up to work due to a public health emergency. While your employer will most likely not require you to come to work if you are under quarantine, your employer may not be required to pay you for the time you are out.

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Business Law
Eric Gros-Dubois

Prevent Sexual Harassment in the Workplace

Sexual harassment occurs far more often than one would expect.  Sexual harassment is a form of sex discrimination which violates Title VII of the Civil Rights Act of 1964.  Title VII applies to employers with 15 or more employees in any capacity, whether it is a private workplace or a government agency.

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Business Law
Eric Gros-Dubois

Is it Legal to take Clients away from your Employer?

Client lists are usually labeled as “confidential” and within the company access to them is limited. Other companies divide their client lists by sales/business geographical territory to minimize access of employees to the lists even more.

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Business Law
Eric Gros-Dubois

Bullying in the Workplace

Workplace bullying is generally known as the repeated mistreatment of a person by one or more employees that takes the form of verbal abuse or conduct or behaviors that are threatening, intimidating, or humiliating.

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