MIAMI 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,...
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