Articles Posted in Employment Law

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…

With an increasingly diverse workforce comes the higher likelihood of having to deal with racial discrimination claims. Whether intentional or not, alleged discriminatory acts by employers can lead to discrimination claims and other serious consequences. While many corporations have procedures in place for addressing allegations of discrimination, it is highly advised that employers implement specific…

Pregnancy discrimination law has become an ever-expanding area of practice for labor and employment attorneys across the U.S. Alarmingly, between 1992 and 2003, pregnancy discrimination claims increased by nearly 40%. This is mainly because many employers are unfamiliar with the myriad of anti-pregnancy discrimination and leave laws that protect women under many state and federal…

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…