Articles Posted in Employment Law

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…

Attorney Peter Mavrick recently obtained dismissal of an employee’s federal and state law claims for race discrimination, hostile work environment, and retaliation against a medium sized corporation. The employee’s lawsuit followed the EEOC’s issuance of a right to sue letter against the employer corporation. The employee contended that the employment termination was based on race,…

In a recent December 2010 Eleventh Circuit case, an employer had a favorable jury verdict overturned for failure to timely assert a crucial affirmative defense. In Diaz v. Jagmar Management Group, LLC, 2010 U.S.App.LEXIS 25361 (11th Cir. December 13, 2010), the Eleventh Circuit reversed a jury’s verdict that the employee was exempt from the federal…

Abel v. Southern Shuttle Services, Inc., 620 F.3d 1271 (11th Cir. 2010), affirmed summary judgment for a shuttle company that was sued for overtime wages. The shuttle company won the case because it showed it was not subject to the federal overtime wage law, i.e., the Fair Labor Standards Act, because of an exemption under…

FOURTH DCA OVERRULES WORK PRODUCT OBJECTIONS TO CONTENTION INTERROGATORIES Compelling meaningful responses to contention interrogatories seeking the basis for a party’s contentions in its complaint or affirmative defenses often meets mixed success. Until the Fourth DCA’s decision in Grinnell Corporation v. The Palms 2100 Ocean Boulevard, Ltd., 924 So.2d 887 (Fla. 4th DCA 2006), trial…

EMPLOYER PREVAILS IN OVERTIME CASE BASED ON MOTOR CARRIER EXEMPTION Attorney Peter Mavrick recently successfully represented a Miami corporation, FLX of Miami, Inc. (“FLX”), that prevailed in an overtime wage case filed by a former employee. FLX transports freight in local, national, and international commerce. The case was venued in federal court in Miami, Florida.…

Peter Mavrick, a Fort Lauderdale lawyer, successfully defended a professional recruiting business for alleged theft of trade secrets. The case was venued in Circuit Court, and followed departure of certain key employees from a company who then started their own business. Before hiring attorney Peter Mavrick, the client corporation tried to show the plaintiff corporation…