Articles Posted in Employment Law

When a prospective employer contacts a potential employee’s former employer for a job reference, what liability does the former employer potentially face when responding? And is it prudent for a former employer to create potential liability issues by commenting on a former employee? Prior to 1990, employers had a common law qualified privilege to discuss…

The United States Court of Appeals for the Fourth Circuit, interpreting the Americans With Disabilities Act (“ADA”) before its 2008 amendments, recently ruled in Young v. United Parcel Service, Inc., 707 F.3d 437 (4th Cir. 2013), that an employee’s pregnancy does not justify a disability discrimination lawsuit. The ADA is a federal law that prohibits…

In March 2013, Mr. Mavrick successfully represented a corporate employer at trial in a worker’s compensation case in Broward County, Florida. Mr. Mavrick presented testimony from four witness and conducted an extensive cross-examination of the Claimant-employee. Crucial credibility problems emerged with the former employee’s case. The Judge ruled in favor of Mr. Mavrick’s client. In…

Under the federal Family and Medical Leave Act (FMLA or the “Act”), an eligible employee may be entitled to take up to twelve weeks of unpaid leave per year. During this time, the employee will be able to continue to collect medical benefits that he or she had before taking a leave of absence. Moreover,…

In the United States, federal and state employment and labor laws continue to evolve on regular basis. As a valuable resource to his clients, our office is providing the following summary of the most recent amendments affecting Florida employers on both a federal and state level. Federal Amendments Recently, the National Labor Relations Board, or…

Over the past few years, the Obama Administration has been heavily cracking down on employers who hire illegal aliens, making it extremely risky for companies to employ undocumented workers.In 2012, the Department of Homeland Security (DHS) ordered numerous companies to provide them with their employment records for review and inspection. While these “silent raids” have…

Not surprisingly, employers in Florida and across the United States admit to reviewing the social networking profiles of prospective and current employees. Despite the laundry list of potential ethical and legal implications raised by opponents, it has become a common practice in corporate America. However, several situations making headlines in this regard relate to employers…

DePuy Orthopaedics, Inc. v. Waxman Under common law, non-compete clauses and agreements were generally rendered void and unenforceable as contrary to public policy and as unlawful restraints on trade. However, over the past several decades, the Florida Legislature has begun to loosen the reins on employers in allowing non-compete agreements to stand. Although earlier state…

The problem is not uncommon: an employee with knowledge of highly valuable trade secrets and other confidential information advises you that he or she is leaving your company and intends on working for a competitor. While employers typically use non-compete agreements to prevent employees from revealing sensitive business information to competing companies, they can sometimes…

Both state and federal laws require employers to follow certain guidelines regarding minimum wage and overtime pay. A highly effective way in which to comply with these laws is by maintaining complete and accurate records of all employee compensation, including hours worked, meal and break times, vacation days, holidays and other relevant information.No matter how…