It is well settled in Florida law that “an employee does not violate his duty of loyalty when he merely organizes a corporation during his employment to carry on a rival business after the expiration of his employment.” Fish v. Adams, 401 So.2d 843 (Fla. 5th DCA 1981). Absent a non-compete agreement, a former employee…
Continue reading ›A recent decision from the federal appellate court that decides the legal standards for employment discrimination claims in Florida federal courts made it much easier for employers to defend against employment discrimination lawsuits. Under federal law, a plaintiff’s burden in an intentional-discrimination claim includes the burden to present evidence of other individuals who are “similarly…
Continue reading ›Punitive damages punish and dissuade wrong-doers from committing egregious acts by increasing the damages award to exceed compensable injuries. Cooper Indus., Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 432 (2001) (the purpose of punitive damages is to punish and deter future wrongdoing); Engle v. Liggett Group, Inc., 945 So. 2d 1246, 1265 (Fla.…
Continue reading ›Under Florida law, a restrictive covenant is not enforceable “unless it is set forth in a writing signed by the person against whom enforcement is sought.” Fla. Stat. § 542.335(1)(a). So, what happens if the written agreement is lost, destroyed or stolen? Generally, the loss or unintentional destruction of a written document does not affect…
Continue reading ›Under Florida law, noncompete agreements signed after July 1996 are governed by Florida Statutes § 542.335. This statute is the basis for court decisions as to whether any non-competition contract can be enforced in the State of Florida. Over the years, court decisions have grappled with two related issues: (1) whether a non-compete agreement is…
Continue reading ›This is Part Two of the two-part series of articles discussing the overtime wage exemption of truck loaders under the Fair Labor Standards Act (FLSA). Following the United State Supreme Court’s decisions discussed in Part One, the United States Department of Labor (DOL) issued regulations interpreting the Motor Carrier Act Exemption set forth at 29…
Continue reading ›This article is Part One in a two-part series of articles discussing the exemption of loaders from the wage-hour requirements of the Fair Labor Standards Act (FLSA). Businesses whose works load large trucks transporting goods in interstate commerce can defend themselves from overtime and minimum wage claims. Under the Motor Carrier Act exemption to the…
Continue reading ›When parties execute two separate contracts and only one contract contains an arbitration clause, generally the parties cannot be compelled to arbitrate disputes arising from the contract that does not call for arbitration. However, under certain circumstances courts will extend the arbitration provisions from one contract to a separate contract, and the parties may be…
Continue reading ›A non-compete covenant in an employment contract prohibits a former employee from competing with his/her former employer for a specified term after termination of employment. If the worker continues to work for the employer in a status other than an “employee”, then the starting point for the non-compete period may be affected. The determination of…
Continue reading ›An important trend in business contracts today involves the use of arbitration provisions to resolve some or all contemplated disputes that may arise between parties to the contract and sometimes “third-party beneficiaries” of the contract. Contracts are often made for the benefit of a third-party who did not sign the agreements. A third-party beneficiary is…
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