Category Archives: Employment Law
Can Employers Actually Enforce a Non-Compete Agreement?
Over the last several years, an increasing number of employees have been asked to sign non-compete agreements by their employees. As The Wall Street Journal has reported, litigation over non-compete agreements has exploded over the last decade. This raises some important questions: How strong are non-compete agreements in Florida? When can employees get out… Read More »
EEOC Files Disability Discrimination Lawsuit Against Florida Franchisee
On July 10th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that it has filed a disability discrimination lawsuit against a Florida-based franchise location of Pacific Sunwear (PacSun). This company offers California-branded clothing and apparel products targeted at teens and young adults. According to the legal complaint filed by the EEOC, PacSun unlawfully refused… Read More »
Florida Appeals Court Awards Attorneys’ Fees in Lawsuit Over Non-Compete Agreement
On June 13th, 2018, the Florida Fourth District Court of Appeal released its decision in the case of Premier Compounding Pharmacy Inc, v. Eric Larson. The issue at stake in this proceeding revolved around whether or not attorneys’ fees would be awarded in relation to a lawsuit that was filed regarding the enforceability of… Read More »
EEOC: South Florida Auto Dealership Settles Gender Discrimination Claim
On June 6th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that The Collection, an automotive dealer based in South Florida, agreed to voluntarily settle a gender discrimination claim. In this article, our dedicated Miami employment law attorneys provide an overview of this case and explain the lessons that companies and workers in Florida… Read More »
Supreme Court Upholds Workplace Arbitration Clauses: Here is What That Means
On May 21st, 2018, the Supreme Court of the United States released its much anticipated decision in the case of Epic Systems Corp. v. Lewis. In a highly controversial (5-4) opinion, Neil Gorsuch, writing for the Court’s conservative majority, upheld the permissibility of workplace arbitration provisions. This is an extremely important decision for both… Read More »
Florida Court Upholds Non-Compete Clause in a Franchise Law Dispute
Earlier this year, the United District Court Southern District of Florida issued a decision in the case of Peterbrooke Franchising of Am., LLC v. Miami Chocolates, LLC, a lawsuit in which a franchisor and a franchisee were locked in a dispute over the enforceability of a non-compete agreement. At Pike & Lustig, LLP, our… Read More »
Four Things Employees Should Know About Severance Agreements
Are you an employee who is considering leaving your position? If so, you may be offered a severance package as part of the termination process. In far too many cases, Florida employees simply agree to sign the initial severance agreement that is offered to them by their company. Unfortunately, this is sometimes a serious… Read More »
Employer Responsibilities Under the ADA
Under the Americans with Disabilities Act (ADA), it is unlawful for employers to discriminate against a qualified person simply because they have a disability. Many employers are confused as to their responsibilities under this federal law. At Pike & Lustig, LLP, our Miami employment law attorneys have helped many South Florida employers ensure legal… Read More »
Florida Appeals Court Reverses Lower Court in Dispute Over a Noncompete Agreement
On November 17th, 2017, Florida’s Second District Court of Appeal decided the case of Salazar v. Hometeam Pest Defense, Inc. This dispute centered around the enforceability of a noncompete provision contained within an employment contract. While the lower court agreed to grant an injunction to the employer, the Second District Court of Appeal reversed… Read More »
Florida Whistleblower Accuses Hospital Software Company of Billing Fraud
In June of 2017, a whistleblower lawsuit was filed under seal in the United States District Court for the Middle District of Florida. Recently, the legal complaint (United States of America v. Epic Systems Corporation) was unsealed by the court. The whistleblower who brought the claim alleges that Epic Systems, a healthcare software company… Read More »
South Florida Restaurant Settles Age Discrimination Lawsuit
Recently, the Equal Employment Opportunity Commission (EEOC) announced that a Ruby Tuesday restaurant located in Boca Raton, Florida reached a $45,000 settlement in an age discrimination case. According to the agency, the restaurant violated federal anti-discrimination regulations when it declined to hire an experienced, well-qualified worker for a manager position. When he was not… Read More »
Florida Staffing Firm Settles Disability Discrimination Case
On August 28th, 2017, the Equal Opportunity Employment Commission (EEOC) announced that KB Staffing, a staffing agency based in Tampa Bay, had reached a settlement in a major disability discrimination case. As part of the settlement agreement reached with the EEOC, KB Staffing agreed to create a $22,500 class action fund to compensate affected… Read More »
EEOC Sues Whataburger for Retaliating Against Tallahassee Restaurant Manager
On September 25th, 2017, the Equal Employment Opportunity Commission (EEOC) announced a lawsuit against Whataburger Restaurants LLC, the national fast food chain. According to the legal complaint filed by EEOC, Whataburger unlawfully retaliated against a Tallahassee-based management employee, who refused to execute the company’s racially discriminatory hiring practices. Here, our West Palm Beach employment… Read More »
Whistleblower Protection: The False Claims Act (FCA)
The False Claims Act (FCA) was passed by the United States Congress to ensure that federal officials had a means to prosecute companies, mostly contractors, that defrauded the government in some manner. Notably, the False Claims Act has one of the very strongest whistleblower protection provisions in all of American law. Here, our top-rated… Read More »
Florida Employment Law: What is a Clawback Provision?
A clawback provision allows an employer to take back money that has already been distributed to one of the firm’s employees. In the context of employment law, clawbacks provisions are most frequently included in contracts with executives who may receive bonuses or other incentives for performance. Though, other employees may also potentially have clawback… Read More »
Florida Insurance Brokerage Firm Settles Pregnancy Discrimination Lawsuit for $100,000
Recently, the Equal Employment Opportunity Commission (EEOC) announced that Brown & Brown, an insurance brokerage firm that is based in Daytona Beach, Florida, settled a pregnancy discrimination case. Notably, this case was brought against the company after it rescinded a job offer that was granted to a pregnant applicant. In this post, our West… Read More »
What Florida Employers Need to Know About the Florida Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) was signed into law by President Bill Clinton in February of 1993. The legislation was designed to provide qualifying employees with unpaid, job-protected leave in cases where certain emergency circumstances have arisen. The FMLA puts important obligations on many South Florida employers. Indeed, the failure to comply with… Read More »
