Articles Posted in Employment Law

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…

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…