Got Labor Pains: The Blog

EmplLaw2

Federal Court Rejects Florida Whistleblower Claim Against Wells Fargo

By Scott • Wagner and Associates |

Florida’s whistle-blower laws are designed to protect employees who report, or refuse to engage in illegal activity on behalf of their employer. It is illegal for an employer to fire, discipline, or otherwise retaliate against an employee engaged in protected whistleblowing activity. That said, an employee who fails to engage in actual whistle-blower activity… Read More »

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Scott Wagner & Associates COVID-19 Message

By Scott • Wagner and Associates |

Our firm is committed to you and to community safety. To this end, we are closely monitoring communications from the Center for Disease Control and Prevention (CDC) and other federal, state, and local agencies. 1-We are here to advise employees on their rights. You can set up a consultation with us or join us… Read More »

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EmpLaw4

The Importance of Getting It in Writing: How Non-Compete and Non-Solicitation Agreements Can Protect Florida Business Owners from Independent Contractors “Working on the Side”

By Scott • Wagner and Associates |

Non-compete and non-solicitation agreements are valuable tools for Florida employers looking to protect their legitimate business interests. But such tools are only useful if courts are willing to enforce these agreements. And enforcing a non-compete agreement is not always as easy as you might think. Florida Appeals Court Issues Injunction Against Photographer Take this… Read More »

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Retaliatory Discharge Claims: How Florida Employers Can Get in Trouble for Firing Injured Workers

By Scott • Wagner and Associates |

Most Florida employers are required to maintain workers’ compensation insurance. This ensures that any employee injured in the course of their employment receives certain medical and wage replacement benefits. By law, an employer may never “discharge, threaten to discharge, intimidate, or coerce any employee” who claims–or even attempts to claim–workers’ compensation benefits. Fourth District… Read More »

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EmpDisc

Dealing with Racially Charged Remarks in the Workplace: What Florida Employers Need to Know

By Scott • Wagner and Associates |

All Florida employers need to be proactive in identifying and stopping any activities that may be construed as illegal harassment or workplace discrimination. At the same time, employers should understand that not every stray political comment made by a manager–even if it has openly racist or sexist connotations–will subject the company to liability. Nor… Read More »

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Are Physician Non-Compete Agreements Legal in Florida?

By Scott • Wagner and Associates |

Florida generally permits the enforcement of non-compete agreements, provided the employer can show there are “one or more legitimate business interests” justifying any restrictions on a former employee’s ability to work, such as protecting trade secrets or customer goodwill. But in recent years, there has been growing concern about the use of non-compete agreements… Read More »

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Senator Marco Rubio Proposes Legislation to Limit Non-Compete Agreements in Florida

By Scott • Wagner and Associates |

On November 14, 2019, the U.S. Senate’s Committee on Small Business and Entrepreneurship held a public hearing to consider a number of bills related to non-compete agreements. The committee’s chair, Sen. Marco Rubio of Florida, introduced legislation earlier this year that would restrict the use of such agreements with respect to certain workers. But… Read More »

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NLRB: Federal Law Does Not Protect “Mutual Aid” Rendered by Employees to Unpaid Interns

By Scott • Wagner and Associates |

The National Labor Relations Act (NLRA) protects the right of “employees” to engage in actions for their “mutual aid or protection” free from employer interference. But do those rights extend to actions designed to promote the interests of non-employee workers, such as unpaid interns? According to a recent decision from the National Labor Relations… Read More »

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EmpLaw

Does a Separation Agreement Prevent an Employer from Suing to Recover Money Wrongfully Taken by an Ex-Employee?

By Scott • Wagner and Associates |

Separation or severance agreements are a valuable legal tool that can protect the interests of both employers and employees when an employment relationship comes to an end. It is critical for both sides to honor their commitments under a severance agreement. As with any legal contract, a breach may lead to litigation, which can… Read More »

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CruiseWorker

How Long Do I Have to File a Jones Act Claim? Understanding the Rules Governing Injured Cruise Ship Employees

By Scott • Wagner and Associates |

Typically, when a Florida employee is injured on-the-job, they are entitled to receive no-fault medical and wage replacement benefits under workers’ compensation. This system also insulates the employer against a potential personal injury lawsuit from the employee. But when the employer operates a cruise ship, and the employee works on said ship, a different… Read More »

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