Ver la versión en español aquí. Way back in the 1980s, the BBC and PBS broadcasted a documentary TV series with this title, devoted to explaining how critical scientific discoveries and advances in technology fundamentally changed the way we understand the world. A change to the universe of the American workplace happened today at the … Continue Reading
Ver la versión en español aquí. On April 25, we posted a blog on the Federal Trade Commission’s new rule that will retroactively ban most non-compete agreements and prohibit such agreements going forward, with limited exceptions. At the time we posted, the date the new rule would go into effect was not clear as the FTC … Continue Reading
Ver la versión en español aquí. Assuming they survive certain legal challenges, new rules issued by the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) could dramatically impact the relationship between employers and employees in the United States. The FTC has passed a rule banning non-compete agreements and prohibiting enforcement of non-compete agreements … Continue Reading
Ver la versión en español aquí This is your reminder — always have counsel review and revise every agreement before offering it to an employee. A number of new decisions and laws have made many standard employment agreements, restrictive covenant agreements, separation agreements, and settlement agreements completely unenforceable. Below are a few examples…… Continue Reading
Ver la versión en español aquí. In lieu of our annual seminar, we will be hosting a two-part breakfast series in our Miami office. In Part 1, we will analyze rapid changes in employment law and provide suggestions on how to navigate the multiverse of employment problems now facing HR. Stay tuned for details on Part … Continue Reading
Ver la versión en español aquí. Earlier this week, I returned from a short vacation to find the Federal Trade Commission (FTC) took action against three companies requiring them to invalidate their noncompete agreements with employees. Then yesterday, the FTC rolled out a proposed rule which, if enacted, would turn many state laws on the … Continue Reading
Ver la versión en español aquí. Wow, it has been a whirlwind past few weeks! It was great to see so many of you at our Labor Seminars in Miami, Tampa and Tallahassee. We hope you were able to gain valuable insight into a wide range of topics of interest and importance to you. If … Continue Reading
Ver la versión en español aquí. After a two-year hiatus, we are thrilled to be back in person! This year’s theme is “When Really Bad Things Happen to Really Good Employers…” Our annual seminars draw hundreds of human resource professionals, in-house counsel and senior executives from Florida’s top businesses. And for good reason! No one … Continue Reading
Ver la versión en español aquí In “Breaking Through the Noise,” my colleagues discussed restrictive covenants, including non-compete agreements, as a hot trend in the employment litigation cycle (if you want to hear their thoughts, go to timestamp 44:55-1:00:35). This topic is so hot, the President even had something to say about it! With the … Continue Reading
Thank you to our clients and friends who have watched ”Breaking Through the Noise: Labor & Employment Issues Post-Pandemic” so far! We hope you enjoyed it and were provided with timely, relevant and valuable insight. If you have not tuned in yet, the program is available on demand to watch at your leisure. CLICK HERE TO WATCH! Below … Continue Reading
IT’S SHOW TIME! Breaking Through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment, is available NOW. CLICK TO WATCH! Block off some time on your calendar now through Sunday, June 20th at 11:59pm ET to enjoy the program! … Continue Reading
LIGHTS, CAMERA, ACTION! We are excited to announce the air date for Breaking through the Noise, our much anticipated 2.5 hour “TV News” program addressing employment issues that you will need to know about in a post-pandemic business environment. The program will be available to view on our website at your leisure from Wednesday, June … Continue Reading
For the last 30 years, we have put on a live, all-day conference attended by hundreds of our clients and friends across Florida. Unfortunately, due to COVID, the seminar was cancelled again this year. As we know almost everyone is Zoom-ed and webinar-ed out, we thought we’d do something different this year – a two-hour … Continue Reading
Ver la versión en español aquí The champagne was still flowing in the Alabama locker room on Monday night following their thumping of Ohio State in the College Football National Championship Game when sports media outlets began to publish their “Way Too Early” Top 25 polls for next season. It is a stark reminder that … Continue Reading
Ver la versión en español aquí We are pleased to welcome attorney Stephanie Turk to our Labor & Employment Law group in Miami. Yes, she is my daughter-in-law. Stephanie brings experience in both Employment Litigation and Employment Counseling. On the litigation side, Stephanie defends employers in a variety of employment matters including discrimination, retaliation, wage and hour, … Continue Reading
Ver la versión en español aquí Did she really think she’d get away with misappropriating 600 files from her former employer by surreptitiously downloading them onto a USB drive? That’s what a former global marketing executive for Pfizer recently did just before she resigned. Oh, and she apparently also sent to her personal email account … Continue Reading
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
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
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
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
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
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
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
Ver la versión en español aquí We imagine that among those former employees who sue their employers, there are many who dream of hearing the words “Ladies and gentlemen of the jury . . .“ wishing for a pot of gold to follow. Obviously, the thought of hearing those words in a courtroom may make … Continue Reading
