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[Mia Destruction]

USA
May 6 2008

On April 15, 2008, Florida Governor Charlie Crist signed into law Florida
Statute §790.251 over the objections of several business associations and
companies. While the bill is formally titled "The Preservation and
Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of
2008," pundits have dubbed the legislation the "Take Your Gun to Work" law.
The new law, already the subject of a federal lawsuit, could potentially
alter the workplace for any company with Florida facilities and operations.

The substance of the new law prohibits a business or employer from
precluding employees (including independent contractors) , customers and
other invitees from bringing concealed firearms onto business property, such
as a parking lot, providing the bearer has a valid permit for the weapon and
the firearm is stored out of sight. Additionally, the law prohibits
employers and business operators from making inquiries regarding the
presence of a firearm in a motor vehicle on the business property or
searching the vehicle to ascertain the presence of a firearm. Employers are
also prohibited from conditioning an offer of employment on the fact that an
applicant does or does not have a permit to carry a firearm, and may not
require an employee to refrain from lawfully keeping a firearm in their
personal vehicle. Most notably, the law prohibits an employer from
terminating or "otherwise discriminating" against an employee or customer
for possessing a firearm so long as the firearm is not exhibited on company
property for "any unlawful purpose." The law applies exclusively to firearms
and ammunition and not to other types of weapons such as knives or
explosives.

Certain types of businesses such as schools, nuclear power plants, national
defense contractors and properties where explosives or combustible materials
are located are exempt from the law. Remarkably, businesses such as day care
centers, hospitals, nursing homes, restaurants and shopping malls are not
exempt. Employers or business operators who violate the new law are subject
to suit by the state's attorney general or by private individuals.

Employers with facilities in Florida should be aware that under the
provisions of the new law they can no longer enforce policies that prohibit
employees with valid permits from bringing firearms into facility parking
lots. Moreover, as the law is written, employers cannot discipline an
employee with a valid permit for carrying a concealed weapon into the actual
business facility. Employers may still have a policy that prohibits an
employee from carrying a firearm into its facility, but employers will no
longer be able to discipline the employee if she or he violates that policy.

The law does provide some measure of protection for employers and business
operators by immunizing them from civil liability for any incident that
arises directly from their compliance with the law. However, the statute
does not provide immunity to individual managers, supervisors or directors,
and it does not address immunity for an employer who had warning of an
employee's propensity for violence. Moreover, the new law creates a
significant problem for employers who are trying to comply with the federal
Occupational Safety and Health Act (OSHA). OSHA requires an employer to
eliminate hazards from the workplace that create risk of death or physical
harm. Employers who do not comply with OSHA face stiff consequences from the
federal government. The new Florida statute puts employers in an
uncomfortable situation of trying to comply with both a state and federal
law that are in sharp contrast to each other.

On April 21, 2008 a group of Florida-based business associations and the
state's chamber of commerce filed a lawsuit in federal court seeking to have
F.S. §790.521 declared unconstitutional. Until the matter is resolved in the
courts, however, employers with facilities in Florida should revisit their
handbooks and workplace violence procedures to assess compliance with the
new law.