FORT LAUDERDALE BUSINESS LITIGATION: LEGAL CHALLENGES TO FTC RULE AGAINST...
The Federal Trade Commission (FTC) controversially issued a final rule banning most non-compete agreements. This rule severely impedes the ability of businesses to protect their legitimate business...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: DEVELOPMENTS IN FTC BAN OF NON-COMPETE...
Developments regarding the Federal Trade Commission’s (FTC) prohibition of non-compete agreements continue. Recently, a court in the Eastern District of Pennsylvania denied a motion for preliminary...
View ArticleMIAMI BUSINESS LITIGATION: ABUSE OF PROCESS CLAIMS UNDER FLORIDA LAW
Under Florida law, the tort of abuse of process involves the use of criminal or civil legal process against another primarily to accomplish a purpose for which it was not designed. Florida’s Third...
View ArticleMIAMI BUSINESS LITIGATION: TRADE SECRETS AND CONFIDENTIALITY CONTRACTS
It is important for every business to take extensive efforts to protect their trade secrets and limit their disclosure to persons with subject to comprehensive confidentiality agreements. Often, trade...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: COURT OVERRULES FEDERAL RULE BANNING...
The Federal Trade Commission’s (FTC) rule banning most non-compete agreements continues to produce legal developments. Conflicting opinions were previously issued by a court in the U.S. District Court...
View ArticleMIAMI BUSINESS LITIGATION: PREVAILING IN LAWSUIT AND RECOVERING ATTORNEYS’ FEES
Parties to a lawsuit are generally responsible for paying their own attorney’s fees regardless of the lawsuit’s outcome. This is known as the “American Rule.” However, exceptions to the American Rule...
View ArticleMIAMI BUSINESS LITIGATION: LEGALITY OF GEOGRAPHIC AREA IN NON-COMPETE AGREEMENTS
Businesses commonly enter into restrictive covenants with their employees to prohibit them from unfairly competing with the business during and after employment. Restrictive covenants include...
View ArticleDEFENDING FLORIDA EMPLOYERS: EMPLOYEES VS INDEPENDENT CONTRACTORS
It is important that businesses classifying workers as independent contractors ensure they are properly classified. Whether workers are independent contractors can have important implications for...
View ArticleDEFENDING FLORIDA EMPLOYERS: REVERSE DISCRIMINATION UNDER FEDERAL LAW
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating based on “race, color, religion, sex or national origin.” The broad language of this statute makes employers...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: PARTNER SEIZES CONTROL OF PARTNERSHIP
Sometimes business deals result in disagreements between business partners about the direction of the business. This includes cases where a business partner acts improperly by trying to usurp control...
View ArticleDEFENDING FLORIDA EMPLOYERS: TITLE VII AND ADVERSE EMPLOYMENT ACTION
Many employers attempt to comply with Title VII of the Civil Rights Act of 1964 (Title VII) and treat all employees equally based on their protected statuses. Title VII prohibits employers from...
View ArticleFORT LAUDERDALE BUSINESS LITIGATION: NON-COMPETE BAN IN APPELLATE COURT
The Federal Trade Commission’s rule banning most non-compete agreements is now before a federal appellate court. On May 7, 2024, the FTC proposed a rule that would have banned most non-compete...
View ArticleDEFENDING FLORIDA EMPLOYERS: DEFENSE AGAINST PREGNANCY DISCRIMINATION CLAIMS
An employer should take care to understand its legal responsibilities if it has a pregnant employee because several laws prevent an employer from discriminating against that employee. Title VII of the...
View ArticleDEFENDING FLORIDA EMPLOYERS: DETERMINING EXEMPT EMPLOYEES BASED ON SALARY
The Fair Labor Standards Act (FLSA) generally requires employers to pay employees an overtime rate of 1.5 times their regular hourly rate for hours worked in excess of forty hours per week. The FLSA...
View ArticleDEFENDING FLORIDA EMPLOYERS: RECOUPMENT OF WAGES PAID TO DISHONEST EMPLOYEES
Under Florida law, employees have a duty of loyalty to their employers. The breadth of the duty of loyalty depends on whether the employee qualifies as a fiduciary under the law. High level employees,...
View ArticleDEFENDING FLORIDA EMPLOYERS: PREPONDERANCE OF EVIDENCE IS THE STANDARD FOR...
The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime for hours worked in excess of 40 hours in a week. The overtime rate is one and a half times the employees’ regular...
View ArticleDEFENDING FLORIDA EMPLOYERS: THE LITIGATION PRIVILEGE MAY APPLY TO...
The litigation privilege protects parties and their attorneys from liability for statements and other acts taken in relation to litigation. “The litigation privilege in Florida provides all persons...
View ArticleMIAMI BUSINESS LITIGATION: REASONABLE ACCOMMODATION UNDER THE ADA
It is important for employers to comply with the Americans with Disabilities Act (ADA) and all of its various obligations. The ADA prohibits employers from discriminating against employees based on a...
View ArticleDEFENDING FLORIDA EMPLOYERS: THE FIRST AMENDMENT CAN PREVENT RETALIATION CLAIMS
If a business receives an administrative charge of discrimination by an employee, or is sued by an employee for alleged violations of an employment statute, can the business sue the employee? Maybe...
View ArticleDEFENDING FLORIDA EMPLOYERS: THE ADMINISTRATIVE EXEMPTION APPLIES TO OVERTIME...
It is important for employers to properly classify their employees as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Under the Fair Labor Standards Act, if an employee works more than...
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