Do’s & Don’ts for Politics in the Workplace

Janet McEneryJanet Goldberg McEnery will be the featured speaker at the Brandon Chamber of Commerce’s Government & Economic Advisory Council meeting on Wednesday, September 14th.  Attendees will hear scenarios addressing when employers might need to limit political speech and other activism in the workplace.  Janet is Board Certified in Labor & Employment law and is a Shareholder with Macfarlane Ferguson & McMullen.

Brian Aungst provides primary election commentary on WTSP

Brian Aungst political commentaryShareholder, Brian Aungst, Jr., provided political analysis on the Tampa Bay CBS affiliate, WTSP 10 News for the primary election on August 30th.

See the clip on the Channel 10 web site.


He will also be joining the WTSP team for the general election on November 8, 2016.

Aungst is a shareholder practicing in Administrative & Governmental Law, Business Litigation, Medical Malpractice, and others, and recently completed a term as Chairman of the Clearwater Regional Chamber of Commerce.

Firm Members Recognized in Best Lawyers in America 2017

MFM_Legal_logo_stamp2Congratulations to the following attorneys listed in The Best Lawyers in America 2017:

Andrew M. Brown – Legal, Medical & Professional Malpractice Defense; Personal Injury Defense

James W. Goodwin, II – Tax Law; Trusts & Estates

Joshua Magidson – Commercial Litigation

James A. Martin, Jr. – Medical Malpractice Defense

Janet Goldberg McEnery – Employment Law-Management; Labor Law-Management

Charles A. Moore, III – Corporate Law

Stephen H. Reynolds – Real Estate Law

Andrew B. Sasso – Trusts & Estates

Stephen H. Sears – Legal & Medical Malpractice Defense; Personal Injury Defense

William B. Taylor, IV – Environmental Law; Litigation-Environmental

Politics & Beyond: How (and if) Employers Should Limit Activism in the Workplace

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Janet McEnery and Andy McLaughlin will be featured speakers at an HR Tampa event on Wednesday, August 17th.  Discussing the topic Politics & Beyond: How (and if) Employers Should Limit Activism in the Workplace, Janet and Andy will share three real-life scenarios that bring light to how current events affect the workplace environment and what – if anything – HR should do about it.


Joshua Magidson Receives Prestigious Inns of Court Award

Joshua Magidson

The Barney Masterson American Inn of Court has awarded Joshua Magidson “The Barney” for 2016.  The Barney is awarded annually to the lawyer who demonstrates the highest degree of professionalism, ethics, civility and legal excellence in the practice of law.

The Barney Masterson American Inn of Court was formed in Pinellas County in 1988 by judges and lawyers seeking to improve the skills, the professionalism, and the legal ethics with which the bench and the bar perform their duties.

Mr. Magidson is a Shareholder with Macfarlane Ferguson & McMullen and focuses his practice primarily in the areas of Business Litigation and Real Estate Litigation. He is a graduate of Stetson University College of Law and currently serves as its Chairman of the Board of Overseers.

Stella Thayer Listed Among Most Influential Women in Tampa Bay Sports

Thayer-Stella-NewsMacfarlane Ferguson & McMullen shareholder Stella Thayer has been listed among the most influential women in Tampa Bay Sports by the Tampa Bay Times. The story features her role as the owner of Tampa Bay Downs and her family’s history with the track.

See her profile and those of the other influential women in the Times story.

Thayer has more than 49 years of experience representing clients in business and corporate matters, tax and planning, and wills, trusts and estate planning.

New Overtime Regulations: Employers have options for compliance


The DOL released its final regulations which raise the salary required for an employee to be exempt from overtime effective December 1, 2016. These regulations increase the salary requirements from $455 a week to $913 a week. This means that starting December 1, 2016, any employee who makes less than $47,476 a year must be paid overtime with few exceptions. The new regulations also allow employers to count certain bonuses for up to 10% towards the threshold so long as the bonuses are paid at least quarterly.


Employers with salaried employees who do not earn $913 in salary per week have several options. The two simplest options are to either raise an exempt employee’s salary above this limit or convert the employee to an hourly basis. If the employee is converted to an hourly basis, the employer must track all time worked (including time spent checking email on their phone) and pay overtime for any hours worked over 40 during a week. Employers also have other options which should be explored.


For example, employers could implement a fluctuating workweek plan (“FWW”). Under the FWW, an employer pays an employee a set salary no matter how many or how few hours the employee works. If the employee works over 40 hours a week, the employer must pay an additional ½ time for those hours based on the employees effective hourly rate for that week which will fluctuate based on the number of hours worked that particular week. The effective hourly rate for each week must exceed minimum wage. For example, if an employee is paid $600 per week and works 60 hours in a week, the employees effective hourly rate would be $10 per hour ($600/60 hours worked). Under a valid FWW plan, the employee would be entitled to an additional $100 of overtime pay ( ½ x $10 x 20). If the employee instead only worked 50 hours, the employee’s effective hourly rate would be $12 per hour and the employee would be entitled to $60 of overtime pay ( ½ x $12 x 10).


In addition, employees with extremely unpredictable schedules may be eligible for a Belo arrangement. Under a Belo arrangement, the employer and employee agree in writing to a set guaranteed payment  each week covering  all hours worked by the employee up to the stated amount (not to exceed 60 hours). The employer only pays overtime if the employee works more than the hours covered by the agreement.


Both the FWW and Belo arrangements have other requirements which must be met. The above are only summaries of some of the options which may be available to employers and is not intended to be legal advice. If you have specific questions or would like legal advice, please feel free to contact either Janet McEnery at (direct line 813-273-4307) or Andrew McLaughlin at  (direct line 813-273-4208).


Welcome David Kronenfeld

David T. Kronenfeld has joined the firm as an Associate in the Tampa office, practicing in Business & Corporate, Finance, Mergers & Acquisitions, and Tax & Planning.

Mr. Kronenfeld advises clients about a broad range of corporate matters, including entity selection and formation, tax planning and merger and acquisition transactions. Additionally, he assists clients with the preparation, review and negotiation of business contracts, shareholder agreements, partnership agreements and operating agreements. Mr. Kronenfeld began his career as an associate at a Midwest investment bank performing both buy and sell-side middle market merger and acquisition transactions. Immediately prior to joining the firm, he served three years as Associate General Counsel at a Tampa-based, publicly traded corporation.

McEnery Speaks at EEOC Conference

Janet Goldberg McEnery, Board Certified Labor & Employment attorney, has been invited to participate as a panelist at the 2016 EEOC Miami Technical Assistance Program Seminar. The discussion, “Promises Made in Severance Agreements: What Do They Mean, Why are They There, and Are They Legal?”

The discussion will include differing views on the significance, meaning and legality of promises made in severance agreements, including do-not-reapply clauses, waivers, non-compete provisions and prohibitions against filing an EEOC charge.

Macfarlane Ferguson & McMullen has been recently recognized by the Tampa Bay Business Journal as a Top Labor & Employment Law Firm in the Tampa Bay area. The Firm represents employers, including small to mid-size businesses, financial institutions and medical institutions. Janet Goldberg McEnery may be reached at or by phone at 813-273-4307.