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  • New Florida Workers’ Comp Rules in Effect for Employer Penalties, Exemptions

    July 26, 2023 This month, a number of new workers’ compensation rules took effect in Florida, affecting penalties for employers who fail to obtain comp insurance and setting new requirements for exemptions for corporate officers. The Florida Division of Workers’ Compensation announced that rule revisions that had been in the works for months, some of which were needed to comply with new state laws, have been adopted. The effective date for the rules was July 18. Among the changes: Read More

  • Leveraging the Energy of Youth: Hiring Teenagers for Summer Work — Part 2

    Summer jobs provide invaluable opportunities for teenagers to gain work experience, develop essential skills, and earn income. However, employing young individuals carries specific legal obligations and responsibilities to ensure their safety, well-being, and compliance with labor laws. This essay explores the legal requirements that employers must adhere to when hiring teenagers for summer work. 1. Age Restrictions: One of the fundamental aspects of hiring teens is complying with age restrictions. The U.S. Department of Labor's Fair Labor Standards Act (FLSA) sets federal guidelines regarding the minimum age for employment. In most cases, individuals aged 14 and 15 can work limited hours, outside of school hours, in non-hazardous jobs. Those aged 16 and 17 have fewer restrictions and can work more hours, including during school hours. 2. Work Hours and Breaks: Teenagers' work hours during the summer should align with both federal and state regulations. The FLSA stipulates that individuals aged 14 and 15 may work a maximum of three hours on a school day and up to 18 hours in a school week. Moreover, they can work up to eight hours on a non-school day and 40 hours in a non-school week. For those aged 16 and 17, there are no federal limits on their work hours, except for certain hazardous occupations. However, state-specific laws may impose additional restrictions. 3. Hazardous Occupations: Ensuring the safety of young workers is of paramount importance. The FLSA strictly prohibits teenagers under the age of 18 from engaging in hazardous occupations, such as operating heavy machinery, working with explosives, or handling toxic substances. It is essential for employers to review and understand the list of hazardous occupations defined by the FLSA to avoid any violations. 4. Work Permits: In some states, teenagers may need to obtain work permits before commencing employment. Work permits ensure that the young worker meets age and education requirements and help monitor their work hours. Employers should familiarize themselves with state-specific regulations and request the necessary documentation before hiring teens for summer work. 5. Minimum Wage: Teenage workers are entitled to the same minimum wage protections as adults, as mandated by the FLSA. However, there may be exceptions for workers below the age of 20 who are enrolled in certain training programs or apprenticeships. Employers must pay the applicable minimum wage based on federal and state guidelines to ensure fair compensation for the services rendered. 6. Workplace Safety: Employers have a legal obligation to provide a safe working environment for all employees, including teenagers. This involves implementing safety protocols, providing appropriate training, and ensuring compliance with Occupational Safety and Health Administration (OSHA) standards. Adequate supervision and clear instructions are essential to protect young workers from potential hazards. 7. Anti-Discrimination Laws: Teenagers, like any other employees, are protected by anti-discrimination laws. It is illegal for employers to discriminate against employees or job applicants based on their age, race, gender, religion, or any other protected characteristic. Employers must maintain fair and equal employment practices throughout the hiring and employment process. Summary Hiring teenagers for summer work requires careful attention to legal requirements to ensure compliance with labor laws and the well-being of young workers. From age restrictions to work hours, hazardous occupations, work permits, minimum wage, workplace safety, and anti-discrimination laws, employers must be knowledgeable about the regulations that apply to the employment of teenagers. By adhering to these legal requirements, employers can provide valuable work opportunities for teens while prioritizing their safety, rights, and overall development. Work Comp Associates can help your company. Contact us to make your policy easy to manage and help you save money.

  • Miami-Dade Moves to Protect Workers from Extreme Heat. Will State Block Rule?

    July 20, 2023 With record heat in Florida and the rest of the U.S., officials in Miami-Dade County are moving to protect about 80,000 outdoor workers in the construction and agriculture trades. The Miami-Dade County Commission gave initial approval Tuesday for new heat standards for outdoor workers as dozens or workers and activists attended the meeting to support the new rules, the Miami Herald reported. It still needs to pass a committee vote and a final vote in front of the full commission to become law. Similar proposals have failed in recent years. Commissioner Kionne McGhee, the bill’s sponsor, talked during a news conference about his own experience growing up in a rural part of Miami-Dade and working as a bean picker alongside his mother. “One death in the hot sun is one too many,” McGhee said. “Give these people what they need, something I didn’t have growing up, and that is simply water, sun protection, shade.” The new ordinance would require companies in Miami-Dade County to give workers water and a 10-minute break in the shade every two hours on days when the heat index hits 90 degrees. Companies would also be required to train workers and supervisors on heat safety. Companies that repeatedly fail to do so could face fines up to $3,000 per violation per day. Read More

  • PolitFact FL: Do new state employment rules affect agricultural workers?

    July 19, 2023 Florida’s new immigration law includes penalties for employers who hire people who aren’t legally authorized to work in the U.S. Although, seasonal workers are not specifically mentioned in the law. Florida agriculture and construction companies are reporting worker shortages following the July 1 implementation of a strict new immigration law. In the month before the law took effect, Republican lawmakers who had supported the bill tried to quell fears and prevent a mass worker exodus. "This bill is 100% supposed to scare you," Republican Rep. Rick Roth, who voted in favor of the bill, said during a June 5 meeting organized by the Hispanic Ministers Association of South Florida. "This is more of a political bill than it is policy." After the meeting, Roth was interviewed by Adriana Carrera, founder of La Familia de Broward, an online Spanish-language magazine. A clip of the interview went viral when tweeted by Thomas Kennedy, a Democratic activist. "The season is over now in South Florida," Roth said. "You can leave here and come back next season in November. We believe the law is only referring to permanent employees, not seasonal." Read More

  • FL’s record heat can be deadly: When will lawmakers approve protections for outdoor workers?

    July 18, 2023 One farmworker has died this year and police are investigating another farmworker death related to heat in South Florida. On January 1 this year, while many Floridians were kicking back and watching college football or simply celebrating the beginning of the New Year, a 28-year-old from Mexico with a work visa started his first day on the job harvesting vegetables at C.W. Hendrix Farms in Parkland, in Broward County. The unnamed immigrant farmworker was found unresponsive in a shallow drainage ditch after complaining of fatigue and leg pain during a day when the heat index hovered near 90 degrees, according to a recent press release from the U.S. Department of Labor. Heat exposure is responsible for at least several dozen fatalities in the U.S. each year, but currently there are no state regulations in Florida or nationally to address heat related stress. Only a handful of states have passed laws dealing with heat illness prevention for workers. And while the harvesting season for many seasonal workers in Florida is from the fall to the spring, there are still people working outside every day this summer in Florida, as temperatures intensify. As has been the case over the past five years, a bipartisan bill was proposed in the 2023 Florida legislative session that would have required farmers, construction companies and landscapers who employ outdoor workers to educate them about heat illness. Employers would also be asked to provide workers with adequate drinking water, access to shade and 10-minute recovery breaks in extreme heat (defined as 80 degrees or higher). It never received a hearing. Read More

  • OSHA announces national emphasis program for warehouses, distribution centers

    July 14, 2023 The Occupational Safety and Health Administration on Thursday launched a national emphasis program to prevent workplace hazards in warehouses, processing facilities, distribution centers and other “high-risk retail” establishments. OSHA says the program is in response to the growth in warehousing and distribution centers, paralleled by increases in workplace accidents, citing Bureau of Labor Statistics data that show injury and illness rates for these establishments are higher than in private industry overall and, in some sectors, more than twice the rate of private industry. Read More

  • Leveraging the Energy of Youth: Hiring Teenagers for Summer Work — Part 1

    Summer is upon us, and for many teenagers, it means a break from school and the quest for a summer job. As a business owner, this influx of eager, young individuals represents a golden opportunity. This article aims to highlight the benefits of hiring teenagers for summer work and provides some tips for successful engagement. First, let's focus on the unique advantages teenagers bring to the workplace. Teenagers often bring fresh energy, enthusiasm, and a willingness to learn. They may be more adept with technology and social media, which can be invaluable for businesses aiming to boost their digital presence. With the right training and guidance, these young individuals can become strong contributors to your team. Another advantage of hiring teenagers is the opportunity to mentor the next generation of professionals. As an employer, you can provide invaluable real-world experience that shapes their future career decisions. These mentoring relationships can be mutually beneficial, with both parties gaining from shared insights and perspectives. Despite these benefits, hiring teenagers does come with certain considerations. It's essential to understand and comply with laws related to employing minors, including those around working hours, wages, and tasks that they can legally perform. Failure to adhere to these laws can result in severe penalties, so it's worth consulting a professional or your local labor office to ensure compliance. Once you're familiar with the legalities, it's time to consider effective strategies for managing and engaging teenage employees. Providing clear expectations and structured training from the start can make a significant difference in their productivity and job satisfaction. Remember, for many, this may be their first job, so they'll likely require more guidance and feedback. Furthermore, acknowledge that teenagers may have different motivations and interests than older employees. Offering opportunities for skill-building, responsibility, and even social interaction can make the job more appealing. Be flexible where possible, as many teenage employees juggle other commitments, such as summer classes, sports, or family vacations. When hiring, consider the unique skills and experiences each candidate brings. Some might have excellent customer service skills from volunteer work; others might bring technical skills from school projects. Make sure the job description and interview questions help you understand these skills and how they fit into your business needs. Finally, remember the power of positive feedback and recognition. Teenagers, like all employees, want to feel appreciated for their hard work. Regularly acknowledging their efforts and celebrating their successes can greatly improve their job satisfaction and increase their motivation to do well. Summary In conclusion, hiring teenagers for summer work can be a rewarding experience for both businesses and the teens themselves. By understanding the legal requirements, providing structured training and guidance, and focusing on engagement, you can make the most of this unique employment opportunity. Ultimately, the fresh perspectives and energy that teenagers bring to the workplace might just be the summer boost your business needs. Work Comp Associates can help your company. Contact us to make your policy easy to manage and help you save money.

  • US Department of Labor cites Okeechobee labor contractor after heat illness claims the life of 28-ye

    June 28, 2023 Finds Rafael Barajas failed to maintain heat illness plan as worker dies on first day of work PARKLAND, FL – On Dec. 31, 2022, a 28-year-old worker arrived from Mexico with his work visa in hand, ready to start 2023 with a new job at a Parkland farm where vegetables awaited harvesting. The next day, while many enjoyed the New Years' Day holiday, the newly arrived worker was placing wooden stakes in the ground to support bell pepper plants at C.W. Hendrix Farms. Struggling to keep pace with more experienced farmworkers, he complained of fatigue and leg pain as the area's heat index neared 90 degrees. Sometime later, co-workers found him unresponsive in a shallow drainage ditch. Like several co-workers, he experienced symptoms related to heat illness. An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration determined that Rafael Barajas, the Okeechobee farm labor contractor who hired the young farmworker, could have prevented his death by following established safety practices regarding heat-related hazards. Read More

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