Florida law imposes many requirements on parties attempting to enforce noncompete agreements—some of which can be commonly overlooked. As outlined in the article below, Section 542.335, Florida Statutes, imposes the familiar requirements that can take substantial time and resources to satisfy. In that effort to satisfy the statutory requirements, foundational […]
When someone hired by the company commits a wrong, the company’s potential exposure to liability varies greatly depending on whether the individual is classified as an “employee” or an “independent contractor.” In high-risk fields of service, like those involving security, “bouncers,” or other fields which may require a company to […]
When someone hired by the company commits a wrong, the company’s potential exposure to liability varies greatly depending on whether the individual is classified as an “employee” or an “independent contractor.” In high-risk fields of service, like those involving security, “bouncers,” or other fields which may require a company to […]
Referral relationships are a valuable business asset that can be difficult to protect with noncompete agreements. Depending on whether your company is seeking to enforce a noncompete agreement or defend against its enforcement, that difficulty can act to your detriment or in your favor. However, Florida courts have evaluated referral […]
Banks and credit unions should not only routinely require, but also closely scrutinize, criminal background checks during the hiring process in order to maintain compliance with applicable regulatory schemes. As lenders and depositories, banks and credit unions are subject to numerous regulatory schemes under both federal and Florida law. This […]
Staffing Agencies that seek to implement, or that otherwise encounter, noncompete agreements need to understand how noncompete agreements work and their typical application in the recruiting industry. This article describes the general principles associated with noncompete statutes and analyzes a case identifying certain “legitimate business interests” (which must be demonstrated […]
This article addresses tips and considerations for employers who are considering whether they should codify employment policies into an employee handbook which may be interpreted or evaluated under Florida law (or “employee manual,” as they are sometimes called). To make that determination, an employer should ask a few key questions […]
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published 29 C.F.R. 1910, commonly referred to as the “vaccine mandate” and referred to by OSHA as the “ETS on Vaccination and Testing,” which requires private employers with over 100 employees to mandate employees either get vaccinated or undergo […]
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published 29 C.F.R. 1910, commonly referred to as the “vaccine mandate” and referred to by OSHA as the “ETS on Vaccination and Testing,” which requires private employers with over 100 employees to either mandate employees get vaccinated or undergo […]