Category Archives: Employment Law
How Do You Prove Wrongful Termination?
A wrongful termination is the dismissal of an employee in violation of their employment contract or the law. It could be due to discrimination, retaliation, or failure to follow the correct disciplinary or termination procedures. It is an unlawful act that gives rise to an employment law claim. Here, you will find an overview… Read More »
Florida Governor Blocks Local Heat Protection Laws for Outdoor Workers
According to a report from the Tallahassee Democrat, Florida Governor Ron DeSantis has blocked the ability of local/municipal governments in the state from establishing heat protection laws to protect outdoor workers. The legislation signed by the Governor makes it unlawful (and unenforceable) for any local governments to enact their own municipal heat safety regulations…. Read More »
FTC Announces Ban On Non-Compete Agreements: An Overview of the Rule and What is Likely to Come Next
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 »
Are State Government Employees Protected By Whistleblower Laws in Florida?
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 »
Wage and Hour Case: More than $180,000 Recovered on Behalf of Restaurant Workers in Southwest Florida
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 »
What Should an Employer in Florida Do If an Employee Complains About Sexual Harassment?
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 »
Florida Court Finds Company Not a “Joint Employer” in Workplace Dispute
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 »
Proposed Florida Bill Would Bar Most Employers From Asking for Preferred Pronouns (May Face Lawsuit if Passed)
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 »
Breaking News: FTC Bans Use of Non-Competes in Essentially All Employment Contracts
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 »
Eleventh Circuit Court of Appeals Upholds Injunction—Florida’s “Stop-WOKE” Law Violates First Amendment Protections
In April of 2022, Florida Governor Ron DeSantis signed the Stop Wrongs to Our Kids and Employees Act (Stop-WOKE Act) into law. The legislation did not take effect. A lawsuit was filed and a court put an injunction in place. On March 4th, 2024, the United States Court of Appeals for the Eleventh Circuit… Read More »