Got Labor Pains: The Blog

EmpContract

If My Non-Compete Agreement is Lost, Is It Still Enforceable?

By Scott • Wagner and Associates |

Under Florida law, non-compete agreements are enforceable, subject to certain restrictions. One such restriction is that the agreement must be in writing and signed by the employee. In other words, an oral non-compete agreement is unenforceable. But what if your non-compete agreement is lost – is it still enforceable? Courts May Consider “Parol” Evidence… Read More »

Facebook Twitter LinkedIn
NonCompete4

Is My Non-Compete Agreement Overbroad? When a Court May Decide to Limit the Geographic Scope of a Non-Compete

By Scott • Wagner and Associates |

Many people sign non-compete agreements with their employers without necessarily taking the time to understand its precise terms. You may just assume the non-compete limits you to working for a competitor in the same town or county, especially when the agreement says as much. But while many non-compete agreements may purport to apply on… Read More »

Facebook Twitter LinkedIn
EmpLaw3

Are “Opt-Out” Arbitration Agreements Enforceable in Florida?

By Scott • Wagner and Associates |

At some point in an employee’s employment history, they may be requested to sign an arbitration agreement by their employer. “Opt Out” Arbitration Agreements are a new form of these type of agreements. If you find yourself presented with an Opt Out Agreement, what do they mean, and are they legal? In short, yes,… Read More »

Facebook Twitter LinkedIn
Training

My Employment Contract Requires Me to Repay Training Costs If I Leave the Company, Is this Legal Under Florida law?

By Scott • Wagner and Associates |

Does your employment contract include a provision that requires you to repay your company or organization for training costs if you leave your position? If so, you may be wondering: Is this type of contract enforceable in Florida? The short answer is ‘it depends.’ Florida courts may uphold a contract that forces an employee… Read More »

Facebook Twitter LinkedIn
NonCompete

My Former Employer Threatened to Enforce an Overbroad Non-Compete Against Me and Now I Lost My New Job. Is This Legal in Florida?

By Scott • Wagner and Associates |

In Florida, non-compete agreements are enforceable against employees and independent contractors, but only if they meet certain narrow legal standards. Unfortunately, in practice, some employers try to force workers to sign overly restrictive non-competes. Worse yet, an employer may even attempt to threaten to enforce an illegitimate agreement—potentially putting a worker’s new job offer… Read More »

Facebook Twitter LinkedIn
Discrimination

One Year or Four Years? Understanding the Statute of Limitations for Employment Discrimination Lawsuits in Florida

By Scott • Wagner and Associates |

When a Florida worker believes they have been the victim of illegal discrimination in the workplace, the law requires they first file an administrative complaint, either with the federal Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). When the FCHR receives a complaint, it then has 180 days to… Read More »

Facebook Twitter LinkedIn
Waiters

Can Restaurants Make Minimum-Wage Servers Pay for Their Own Uniforms? Here Is What Federal and Florida State Laws Say

By Scott • Wagner and Associates |

Many Florida employers require their employees to wear uniforms. In some cases, the employer may even require the employee to purchase their own uniforms. But under federal and state labor laws, the employer cannot require such purchases when it would either reduce an employee’s wages below the applicable statutory wage or cut into any… Read More »

Facebook Twitter LinkedIn
EmpLaw3

No “Mulligan” for Employers: How Binding Arbitration Agreements Can Cut Both Ways

By Scott • Wagner and Associates |

Many Florida businesses require employees to agree to arbitration employment disputes as a condition of employment. However, as the 11th Circuit recently affirmed, when an arbitration provision requires arbitration as the final decisionmaker for disputes – both the employer and employee will be stuck with an arbitrator’s outcome.  While arbitration is often viewed as… Read More »

Facebook Twitter LinkedIn
Pregnant3

“You Are Being Too Emotional Because of Your Condition!” How Florida Employers Can Avoid Facing a Pregnancy Discrimination Lawsuit

By Scott • Wagner and Associates |

Federal law protects workers from pregnancy-based discrimination. For Florida employers, the message is simple: You cannot fire, demote, reassign, discipline or in any way disfavor a worker because they are pregnant. Additionally, if a worker does complain about pregnancy-related discrimination, you cannot engage in any retaliatory act against them. If you do, then your… Read More »

Facebook Twitter LinkedIn
LaborLaw5

Can a Sales Truck Be a Regular “Place of Business”? Department of Labor Weighs-in On Application of Outside Sales Exemption to Mobile Workers

By Scott • Wagner and Associates |

As you probably know, Florida employers are required to pay most of their employees a certain minimum wage as well as overtime pay when applicable. But many types of employees are considered “exempt” from these rules. One such exempt group is “outside sales” employees. The U.S. Department of Labor defines an outside sales employee… Read More »

Facebook Twitter LinkedIn