Tag Archives: Employment Contracts

Did a Florida Appellate Court Just “Dis” an Employment Agreement’s Arbitration Provision?

Ver la versión en español aquí Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons.  Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove … Continue Reading

Non-Compete Agreements Under Fire by the White House?

Ver la versión en español aquí Not really. On October 25, 2016, the White House issued a call to action urging states to reform their non-compete laws.  The call to action acknowledges that non-compete agreements are appropriate in certain circumstances, (for example, to protect trade secrets), but expressed the view that employers are, in many instances, … Continue Reading

Employment is Now-But is a Separation Agreement Still Forever?

Ver la versión en español aquí It’s time!  An employee needs to go.   The departure needs to be a clean break with no threat of future litigation.   A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading

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

Telecommuting: Perk or Problem?

Ver la versión en español aquí As we become increasingly more mobile, telecommuting programs are among the fastest growing benefit for employees. While the term “work from home” may trigger visions of a 24-year-old with a laptop at a Starbucks, the typical telecommuter is actually a 49-year old college graduate. Having an endless supply of … 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

Encore Performances from Our Annual Labor & Employment Law Seminar to Start in the Fall

Ver la versión en español aquí May 1, 2014, was not a typical day in the office for us. We left our offices from across the state and headed to the Trump National Doral Hotel to join over 380 attendees at our 24th Annual Labor and Employment Law Seminar. Thanks to all the private and public … 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

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
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