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Author Archives: Jay Butchko

NonCompeteAgreement

FTC Announces Ban On Non-Compete Agreements: An Overview of the Rule and What is Likely to Come Next

By Scott Law Team |

On April 23rd, 2024, the Federal Trade Commission (FTC) announced a new final rule that largely prohibits the use of non-compete agreements by employers. While there are some limited exceptions, the rule in its current form would eliminate most non-compete agreements on the grounds that they reduce competition and employee wages. Litigation is already… Read More »

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Discrimination4

Employer in Florida Will Pay More than $130,000 in Back Wage to Resolve Gender Discrimination Case

By Scott Law Team |

On May 2nd, 2024, the Department of Labor (DOL) confirmed that Sysco West Coast Florida Inc.—a food distribution and restaurant supplies company—will pay more than $130,000 in back wages to resolve a gender discrimination claim. The discrimination reportedly occurred in the company’s Palmetto facility in Manatee County where the alleged hiring practices of the… Read More »

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EmpLaw5

Three Lawsuits Have Been Filed to Stop the FTC’s Non-Compete Ban (Initial Rulings Expected By Early July)

By Scott Law Team |

In April of 2024, the Federal Trade Commission (FTC) announced a comprehensive regulation banning most employee non-compete agreements nationwide. The regulation is set to take effect in September of 2024. However, several lawsuits have already been filed in an effort to block the rule. Within this article, you will find a brief overview of… Read More »

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PregnancyDiscrinination

Federal Court Permits Former HR Manager’s Pregnancy Discrimination Claim Right to Move Forward

By Scott Law Team |

On May 14th, 2024, Law.com reported that a federal court is allowing the pregnancy discrimination lawsuit of former human resources (HR) Manager of a Florida-based law firm to move forward. In Florida, pregnancy discrimination claims are generally brought under the federal Pregnancy Discrimination Act (PDA). In this article, you will find an overview of… Read More »

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Whistleblower9

Are State Government Employees Protected By Whistleblower Laws in Florida?

By Scott Law Team |

There are more than 160,000 state government employees in Florida. State policy encourages good government and there are specialized rules and regulations that apply to state employees. This raises an important question: Are state workers protected by whistleblower laws in Florida? The short answer is “yes”—the Florida Public Whistleblower Act protects state and municipal… Read More »

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ClockMoney

Wage and Hour Case: More than $180,000 Recovered on Behalf of Restaurant Workers in Southwest Florida

By Scott Law Team |

On February 7th, 2024, the Department of Labor (DOL) confirmed that it recovered $184,139 in back wages and liquidated damages for several dozen restaurant workers who were improperly denied the full and fair compensation that they earned under the law. The DOL determined that Sails Restaurant LLC—a Naples, FL-based business—violated seasonal guest worker requirements…. Read More »

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SexualHarassment4

What Should an Employer in Florida Do If an Employee Complains About Sexual Harassment?

By Scott Law Team |

Sexual harassment in the workplace remains a significant issue. The Equal Employment Opportunity Commission (EEOC) explains that “the harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.” In other words, employers have a proactive… Read More »

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Employment6

Florida Court Finds Company Not a “Joint Employer” in Workplace Dispute

By Scott Law Team |

On January 29th, 2024, the United States District Court for the Middle District of Florida declined to find a company a “joint employer” in a workplace dispute. In the case of Williams v. R.T.G. Furniture Corp., the court found that the two employers at issue—R.T.G. Furniture Corp. and SE Independent Delivery Services, Inc. (SEIDS)—are… Read More »

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EmploymentLaw

Proposed Florida Bill Would Bar Most Employers From Asking for Preferred Pronouns (May Face Lawsuit if Passed)

By Scott Law Team |

In January, legislation was introduced in the Florida House of Representatives that would bar many employers in the state from asking employees for their preferred pronouns. The bill—HB 599: Gender Identity Employment Practices—could face some legal challenges if passed into law. In this article, you will find a preview of the proposed law, where… Read More »

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News

Breaking News: FTC Bans Use of Non-Competes in Essentially All Employment Contracts

By Scott Law Team |

Today, April 23,2024, the Federal Trade Commission (FTC) announced its long-awaited rule banning the use of non-competes in employment contracts. (https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes). The FTC first proposed this rule in January 2023. At that time, the proposed rule would have been a complete ban on any non-compete agreement. The final rule published today excluded “senior executives,”… Read More »

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