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October 9, 2023 Owners of an Orlando Giordano’s Pizza had to pony up $125,695 after an investigation found they didn’t pay servers overtime pay or cash wages at all, the U.S. Department of Labor announced. Both actions resulted in violations of the Fair Labor Standards Act (FLSA). That money went to 24 servers at the Giordano’s at 6203 W. Sand Lake Rd., about two miles down Interstate 4 from Universal Studios. At an average of $5,237.29 per employee and at the $1,705 that Rent.com says is the average monthly rent for a one-bedroom apartment in Orlando, the average server had been shorted about three months of rent. “The operator of this Giordano’s franchise deprived employees of their rightful pay, making it much harder for them to support themselves,” Wage and Hour Division District Director Wildalí De Jesús said. Read more

October 9, 2023 Can an injured worker collect workers’ compensation benefits if his back injury came about because his manager cracked his back for him following a double shift? The District Court of Appeal of Florida, First District overturned a judge’s ruling that granted benefits to the worker because there wasn’t enough evidence to support a work-related injury. Jonathan Haselden worked as a grill cook at Waffle House. On June 15, 2019, after working an 18-hour shift, Haselden experienced severe pain in his lower back. When his manager arrived that morning, Haselden told him that he hadn’t been able to take any real breaks during the double shift, leading to the back pain. This led to both men agreeing that popping or cracking Haselden’s back could relieve some of the pain. Haselden couldn’t remember if it was him or his manager that came up with this idea. The manager had Haselden place his hands behind his head with his fingers interlaced while the manager pushed down on Haselden’s elbows. After the “procedure,” Haselden didn’t notice any immediate changes. He went home immediately after. Later that day, Haselden couldn’t stand up straight and had nerve pains running down his leg. He tried to return to work that evening, but he had to leave after two hours due to his back pain. Haselden was terminated two weeks later. Read more

October 6, 2023 Workers’ compensation rates have shrunk to such a low level in Florida, at least for some classifications, that they are causing problems and could be masking issues that will lead to higher premiums in coming years, Florida roofing contractors said Thursday. “I’m not asking. I’m begging you to freeze rates for roofing classifications,” said Ralph Davis, of Streamline Roofing, in Tallahassee. Davis, a member of the Florida Roofing and Sheet Metal Contactors Association, spoke Thursday at a hearing of the Florida Office of Insurance Regulation that examined a proposed overall, average workers’ compensation rate decrease of 15.1% and a 22% decrease for roofing jobs. The new rates were recommended by actuaries with the National Council on Compensation Insurance and would be some of the largest rate cuts in Florida history. If approved by OIR, the rates would take effect Jan. 1. Read More

October 4, 2023 As retailers begin hiring seasonal workers to meet the demands of the upcoming holiday season, experts are stressing the importance of safety training for temporary employees who may be new to fast-paced industries such as warehousing and delivery. Over the years retail work has shifted more toward mail-order and has become a focus for safety regulators as the demanding labor has led to more strains and other injuries. Seasonal workers pose a dilemma, experts say. Such temporary workers “might be willing to compromise safety or to take additional tasks and additional risks associated with those tasks to impress their potential employer,” said Vernon Iturralde, a Houston-based assistant vice president of risk control with Gallagher Bassett Services Inc. “And if they’re not trained or expected to do that, then they could really put themselves at a disadvantage from a risk perspective.” Read more

October 2, 2023 Employers and insurers are more likely to challenge the treatment of mental injury claims as workers compensation systems see an increase in claims with a psychological element, experts say. Although fewer mental injury claims are denied outright as states expand comp presumptions for workplace psychological injuries, treatment for those claims is more heavily scrutinized through dispute mechanisms such as independent medical evaluations. In addition, special expertise is needed to evaluate mental injuries, which complicates the claims and evaluation process. Read more

October 2, 2023 Florida’s minimum wage rose by one dollar Saturday to $12/hour. The increase is the result of a constitutional amendment approved by voters in 2020 to gradually raise the Sunshine state’s minimum wage to $15/hour by September 30, 2026. Florida’s minimum wage stood at $8.56/hour when voters approved the 2020 ballot measure to incrementally increase base pay, according to FloridaCommerce. As part of the approved amendment, the state’s minimum wage initially rose by $0.09 to $8.65 on January 1, 2021, and later to $10 on September 30 that same year. Every Sept. 30 since, the minimum wage has increased by $1 until it will reach $15/hour by Sept. 30, 2026. Read more

September 29, 2023 Upper Keys Marine Construction LLC exposed workers to struck-by, entrapment hazards KEY LARGO, FL – A 29-year-old employee of a Florida marine construction company drowned in five feet of water after being pinned under a fallen crane in March 2023. Federal workplace safety investigators determined the company could have prevented the fatality by following required safety standards. Employees of Upper Keys Marine Construction LLC were installing a piling foundation for a residential boat lift when the crane tipped over and fell into the water. The employee, who was inappropriately tasked to ride the load of the crane, became pinned under the crane’s hammer and drowned. The U.S. Department of Labor’s Occupational Safety and Health Administration found the company violated federal safety standards when they: Read More

September 25, 2023 A 19-year-old worker in Florida suffered fatal injuries after a concrete mixer restarted while the teen tried to clean the machine’s inside. Now, Newnan, Georgia-based Foley Products Company faces $245,546 in Occupational Safety and Health Administration (OSHA) penalties for one willful and six serious violations, the agency announced September 20. OSHA inspectors determined that two employees at Foley Products’ Cantonment, Florida, facility climbed inside a mixer initially to use a hammer and chisel to chip away hardened concrete. As one of the workers left the mixer, the machine restarted with the other inside. Agency inspectors cited the company for willfully exposing workers to crushed-by hazards by allowing them to enter the mixer without making sure to first follow energy control (lockout/tagout) procedures. The agency also found that the company exposed workers to confined space hazards by not making sure a safe atmosphere existed inside the mixer before the workers entered and by failing to have an attendant ready to retrieve workers safely. Raad more

September 22, 2023 As more states legalize marijuana, the question of when and how employers should screen for impairment becomes more pressing. It seems like ages ago when, back around 1985, Concentra implemented a drug testing policy for its employees. They wanted to ensure employees who were providing care to patients weren’t impaired while at work. So they screened for drugs like marijuana. That was the common practice back then. Many employers wouldn’t think twice about conducting random drug screenings. Now, as more states legalize medical and recreational marijuana and employers fight for talent, many are starting to rethink their policies. “We’re sticking to our guns right now. We still have a zero tolerance policy,” said Dr. John R. Anderson, executive vice president and chief medical officer with Concentra. “But [a lot of companies are] starting to talk about whether or not this [type of] policy is in [their] best interest, especially … in states where medical marijuana and recreational marijuana is legal.” Read more

September 21,2023 The death of a 19-year-old Florida worker could have been prevented if a concrete pipe maker had ensured that employees followed proper safety procedures, the U.S. Occupational Safety and Health Administration said. OSHA cited Foley Products Co., based in Georgia, with one willful violation and six serious violations after the March fatality near Pensacola. The company now faces $246,000 in penalties but it has requested a conference with OSHA on the tragedy, OSHA officials said in a statement this week. “Foley Products Company’s failure to implement well-known safeguards cost the life of a worker just beginning their adulthood,” said OSHA Area Office Director Jose Gonzalez. “This preventable tragedy should serve as a reminder of the importance of complying with safety and health standards, as required by law.” Read More