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
I wish I had $5 for every time I hear an employer say, “Florida is a right-to-work state, so doesn’t that mean I can terminate an employee for any reason?” Well, sort of, but you have confused the concepts of “right to work” and “at will” employment. Meaning of “Right to Work State” When we … Continue Reading
Our Firm is an enthusiastic supporter of the Sony Open Tennis Tournament held on Key Biscayne every year. The Tournament recently concluded its 2014 play and we were curious about its impact on our local community. So we asked Adam Barrett, Sony Open Tennis, Executive Vice President, for the stats. This year the Sony Open … Continue Reading
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
It is that time of year again and time for the obligatory “get ready for hurricane season” blog posting. Fortunately, it has been a while since we had to run through the hurricane drill. Let’s hope our string of good fortune continues and there is no need to gas up the generators or empty the shelves … Continue Reading
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
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
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
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
The Eleventh Circuit Court of Appeals recently issued a decision addressing an employer’s requirements under the Employee Polygraph Protection Act of 1988 (EPPA). The decision, Cummings v. Washington Mutual, is the first in recent memory from a court with jurisdiction over Florida. Before discussing the case, we provide a quick refresher on EPPA. Generally, the … Continue Reading
For years, Oprah Winfrey has asked guests to sign a pledge promising not to text while driving. The Occupational Safety & Health Administration (OSHA) has taken up the calling. OSHA has dedicated an entire portion of its website to Distracted Driving and is encouraging employers to help solve the problem of texting while driving. According … Continue Reading
