Author Archives: Jay Butchko
Are Physician Non-Compete Agreements Legal in Florida?
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 »
Senator Marco Rubio Proposes Legislation to Limit Non-Compete Agreements in Florida
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 »
NLRB: Federal Law Does Not Protect “Mutual Aid” Rendered by Employees to Unpaid Interns
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 »
Does a Separation Agreement Prevent an Employer from Suing to Recover Money Wrongfully Taken by an Ex-Employee?
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 »
How Long Do I Have to File a Jones Act Claim? Understanding the Rules Governing Injured Cruise Ship Employees
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 »
Are Employees Allowed to Take FMLA Leave to Meet with their Child’s Special Education Teacher?
The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to give eligible employees up to 12 weeks of unpaid leave per year to deal with a “serious health condition.” This includes not only the employee’s own serious health condition, but also one affecting a spouse, child, or other close… Read More »
“Regarded as Having a Disability”: Can a Florida Business Fire an Employee Because They Might Contract a Disease in the Future?
The Americans with Disabilities Act (ADA) as Amended is a broadly interpreted federal statute. Not only does it prohibit employers from discriminating against employees based on their disability, but also a “perceived” disability. For example, employers cannot fire or discipline an employee due to a disability the employer thinks they may have, even if… Read More »
Expanding the White Collar Exemption: What the U.S. Labor Department’s New Overtime Regulations Effective January 2020 Mean for Your Business and Payroll
The U.S. Fair Labor Standards Act (FLSA) sets certain minimum wage and overtime rules for eligible employees. Under existing rules, certain “white collar” workers, such as those in professional or managerial positions who meet set criteria, are considered exempt from overtime requirements if they are paid an annual salary that meets or exceeds a… Read More »
Facing an FMLA Lawsuit? How Properly Tracking Employee Time and Leave Can Protect Your Florida Business
If you run a Florida business with at least 50 employees, you may be subject to the Family and Medical Leave Act (FMLA). This federal law guarantees eligible employees the right to take up to 12 weeks of unpaid leave over a 12-month period in order to care for their own serious health condition… Read More »
Living in the Post-#MeToo Era: The Importance of Workplace Sexual Harassment Training
The Harvard Business Review (HBR) recently published the results of a 2018 survey of 263 women regarding their experiences with sexual harassment in the workplace. This was actually a follow-up to a 2016 HBR survey, which was completed before the “#MeToo movement took on wide momentum,” according to the authors. The 2018 survey therefore… Read More »