Category Archives: Employment Contracts & Corporate Issues

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When a Florida Employee Jumps Ship: Welcome to the Temporary Injunction Sprint

Ver la versión en español aquí In today’s legal world, a very small number of lawsuits are litigated through trial, with less than 2% ever materializing into trial. Although for many clients that is good news (since trial can become very expensive very quickly), other clients want their day in court.  However, trial isn’t the … Continue Reading

Non-Compete Agreements Under Attack

Ver la versión en español aquí “I‘m in Competition with Myself and Losing.” – Roger Waters Agreements restricting employees’ ability to compete against their employers are commonplace in the American workplace.  They serve as an effective means by which employers can protect their legitimate business interests in, among other things, their customer relationships, their trade … Continue Reading

What You Need to Know About a New Federal Law to Protect Trade Secrets

Ver la versión en español aquí And people say Congress and the White House can’t agree on anything. Last week, by a vote of 410-2, the US House of Representatives passed the Defend Trade Secrets Act.  The Act will become law.  It has already been unanimously approved by the Senate and President Obama has indicated he will … Continue Reading

Florida Campaign Contribution Guidelines for Private Employers

Ver la versión en español aquí Tired of hearing about the election yet? Well, the race has just begun and the dash for cash will only intensify as candidates sprint toward the August 30 primary election. As an HR professional, it is important that you be familiar with Florida’s campaign contribution guidelines to ensure that … Continue Reading

Have an Election Season Free from Tax Penalties!

Ver la versión en español aquí It’s hard to turn on a TV, read the news, or walk into a social setting without hearing about the election. As we head into the full-blown campaign season, we want to remind you that federal tax law specifically prohibits political campaign activity by employers that are tax exempt … Continue Reading

So Boring but So Important – Vendor Service Agreements

Ver la versión en español aquí You just finished the torture of the RFP process for a new vendor for your benefit plan (doesn’t matter what kind of plan – 401(k), group health plan, section 125 plan, stock purchase, etc.). You carefully compiled all the information from the 100-page responses, checked the references, asked pointed … Continue Reading

How Does Time Off Due to a Hurricane Affect Your Employees’ Pay?

Ver la versión en español aquí For those of us in South Florida, we just braved the first few weeks of school and the associated traffic congestion.  Now we have to prepare for Tropical Storm Erika, potentially Hurricane Erika? While we will know more about the storm’s path on late Friday and early Saturday, it is … Continue Reading

TOP SECRET Takeaways from Our 25th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Our 25th Annual Labor & Employment Law Seminar is a wrap. Wow, 25 years goes by in the blink of an eye! Each year, our seminar continues to grow. Thank you to the attendees who have been with us from the beginning and the newcomers who attended for their first time this year.  With over … Continue Reading

Who Doesn’t Like Non-Competes?

Ver la versión en español aquí Clients sometimes ask, “Which employees should sign non-competition agreements?”   The answer from a growing number of employers seems to be “Everyone” and from employees it seems to be “No One”.  Recent news reports have commented on large retailers requiring that temporary or seasonal workers, stock room clerks and delivery … Continue Reading

REGISTRATION OPEN! 25th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Wow, how time flies! We are quickly approaching our 25th Annual Labor & Employment Law Seminar this Spring. Mark your calendars now because this year’s seminar is not to be missed! Join us on Friday, May 8th from 8 am-4:00 pm at the InterContinental Miami hotel as we reveal … Continue Reading

A New Year’s Workplace Resolution: Check Out OSHA’s 2015 Recordkeeping /Reporting Changes

Ver la versión en español aquí I wanted to post about something exciting and attention-grabbing to start 2015. What better way than an update on the Occupational Safety and Health Administration (OSHA) recordkeeping requirements, right? Okay, I realize that OSHA and recordkeeping will not generate quite the level of excitement and fascination that I had … Continue Reading

Wait for It!…Wait for It! (But Don’t Expect to Get Paid for It.)

Ver la versión en español aquí Yesterday, employers gained an important victory in the ongoing wave of litigation over what time is or is not considered compensable work time under the Fair Labor Standards Act (FLSA). The U.S. Supreme Court ruled that employers are not required to pay employees for the time spent waiting to clear … Continue Reading

California and Non-Compete Agreements – What Can You Do?

Ver la versión en español aquí Since 1872, the California Supreme Court has applied a bright-line mandate holding covenants not to compete invalid and unenforceable, unless the covenant is being sought as a means to protect goodwill in connection with the sale of a business. California’s Business and Professions Code permits an exception to the … Continue Reading

Employers Pay for Antitrust “Conspiracies”

Ver la versión en español aquí Employers who agree not to poach each other’s workers may face substantial monetary exposure. This was the lesson learned the hard way by tech powerhouses Adobe, Apple, Google and Intel in a recent California antitrust class action suit. The Silicon Valley giants and other defendants were sued in a … Continue Reading

Effective Use of Non-Compete Agreements

As recently reported by The New York Times, non-compete agreements are popping-up in a wide array of businesses to protect varied business interests. As businesses have come to recognize, non-competes are not limited to protection against disclosure of a “top secret” formula, process, or technological invention.  A properly drafted non-compete agreement may have much wider … Continue Reading

A Supervisor’s Knowledge and Liability Under OSHA

You know it is the height of summer when we start posting about ditch digging and OSHA violations. Although not the sexiest of topics, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently decided an issue for the first time: Can a supervisor’s knowledge of his own violation of an OSHA safety … Continue Reading

No Need to Dust Off That NLRB Poster, Yet

Earlier this week, the United States Court of Appeals for the D.C. Circuit struck down the National Labor Relations Board’s (“NLRB”) poster rule. In 2011, the NLRB issued a rule requiring private employers (union and non-union) to post a specific notice informing employees of their right to unionize under the National Labor Relations Act (NLRA). See … Continue Reading

Federal Appeals Court Says DHL is Not Liable for Overtime to Its Contractor Drivers

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently ruled that DHL was not liable for overtime under the Fair Labor Standards Act (“FLSA”) for hours worked by independent drivers it had hired through a third-party contractor.  In the case, Layton v. DHL Express (USA), Inc., DHL Express (USA) Inc. contracted with a separate … Continue Reading

Failure to Notify Carrier of Workers’ Comp Injury Could Foreclose Employer’s Defenses in Subsequent Law Suit

A recent case from Florida’s Third District Court of Appeal, Ocean Reef Club, Inc. v. Wilczewski, highlights the importance of employers reporting workplace injuries and illnesses to their workers’ compensation carrier.  Although the Third District Court of Appeal has jurisdiction over only Miami-Dade and Monroe Counties, employers throughout the State should take notice. The plaintiffs in … Continue Reading

Violence or the Threat of Violence in the Workplace, Whether by an Employee or Outsider, May Trigger an OSHA Inspection

On September 8, the Occupational Safety and Health Administration (OSHA) issued a Directive with general enforcement policies and procedures for field offices when conducting inspections relating to workplace violence.  The Directive focuses not only on the steps to be taken in response to an incident of workplace violence but the factors OSHA will consider when … Continue Reading
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