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/