Articles Posted in Employment Law

For employers who have been accused of sexual harassment, it is very important to proceed with extreme caution. Specifically, what employers say and do may be used against them if an employee ultimately decides to file a lawsuit. The following are some useful tips employers should consider when faced with a sexual harassment claim: Don’t…

Under Florida law, if an employee is injured on the job, the first remedy that he or she must seek is to file a workers’ compensation claim with their employer. Once an employee files such a claim, the employer is prohibited from discriminating or retaliating against them. When employees sue for employer reprisal or discrimination…

Entering into an employer-employee relationship carries with it various rules and regulations, especially with respect to compensation and overtime pay. In other words, failing to pay your employees properly can have serious consequences, such as damage to your company’s reputation, expensive lawsuits and decreased employee morale. Whether you are a business concerned about compliance or…

Employers constantly face the threat of employment discrimination lawsuits under federal laws and state equivalents. In Florida, most discrimination cases are filed under Title VII of the Civil Rights Act and the Florida Civil Rights Act. Over the past two decades, the number of employment discrimination lawsuits has dramatically risen, making employment litigation one of…

A covenant not to compete refers to a clause in a contract where an employee of a company agrees not to pursue a similar profession or trade in competition with a current or former employer. Also referred to as non-compete clauses, these covenants can be difficult to enforce, especially if an employee alleges they were…

The importance of employers knowing the rules surrounding how much to pay employees cannot be overstated. When it comes to paying the correct amount of wages for time worked, errors can lead to costly lawsuits, damaging a company’s reputation as well as emptying its coffers. For those establishing a new business in Florida, or who…

Peter T. Mavrick’s client was recently victorious in a one-day arbitration in Clewiston, Florida. Mr. Mavrick and his opposing counsel each made opening statements to the arbitrator with an overview of what the evidence would show in their respective cases. Six witnesses testified. After the arbtration, the parties submitted written briefs addressing the evidence and…

In July 2012, Mr. Mavrick successfully represented a corporation in a jury trial in federal court in Miami, Florida. The corporation was being sued for alleged overtime wages under the Fair Labor Standards Act. Mr. Mavrick and his opposing counsel made opening statements, and then four witnesses testified on behalf of the Plaintiff. At the…

By Peter T. Mavrick The Eleventh Circuit Court of Appeals in a recent case confirmed that under federal law “illegal aliens,” i.e., undocumented workers, are covered employees under the federal overtime and minimum wage law called the Fair Labor Standards Act or “FLSA” for short. Galdames v. N & D Investment Corp., 2011 U.S.App.LEXIS 12705…

Attorney Peter Mavrick’s client, a condominium association, recently prevailed in an appeal before the Florida Unemployment Appeals Commission. The appeal was from an adverse decision made by an unemployment appeals referee following the termination of the condominium association manager. The manager was terminated for what appeared to be disloyalty and lack of candor to her…