Category: Florida BAR article
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Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit’s Palmer & Cay Decision Offer Earlybird Specials for Florida Forum Shoppers?
In the case Palmer & Cay, a court ruled that a noncompete agreement in Florida could potentially be unenforceable in Florida because of a decision made in a Georgia court. This seems unfair and conflicting with other court decisions. However, it’s possible that a Florida court could still have the final say on whether the…
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Ouellette v. Wal-Mart Stores, Inc., and Florida’s Minimum Wage Law: Are Class Actions for Minimum Wage on Florida’s Horizon?
In 2004, Florida’s voters and the First Circuit Court of Appeal made it easier for workers to sue their employers for not paying them enough money. The court ruled that a group of workers could sue Wal-Mart together, even though each worker had different damages. Around the same time, Florida also changed its constitution to…
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Florida’s New Minimum Wage Provision: An Overview of the Amendment to the Florida Constitution
In 2004, Floridians voted to add a minimum wage provision to the Florida Constitution, which increased the minimum wage to $6.15 per hour. The amendment also required annual adjustments to the wage based on inflation. This means that employers in Florida have to pay their employees at least this amount per hour. If someone thinks…
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The Unrelated Works Exception to Workers’ Compensation Immunity
This is a legal case where a student sued their school for not providing accommodations for their disability. The court ruled in favor of the student and said the school had to make changes to help them. In Florida, if an employee gets hurt on the job, they can’t sue their employer for negligence. But…
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Desert Palace, Inc. v. CostaDoes McDonnell Douglas Survive?
Title VII of the 1964 Civil Rights Act has been around for almost 40 years and has been the subject of many court cases. A recent Supreme Court decision called Desert Palace, Inc. v. Costa has changed the way discrimination in the workplace is proven. Before this, the Price Waterhouse v. Hopkins case set out…
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Religious Accommodation in the Workplace: The Devil is in the Detail
Circle 9 Corporation installed new hand scanners for keeping track of employee time and attendance. A worker, Ali Ghieri, who is an Evangelical Christian, asked to keep using paper timesheets because she believes the hand scanners go against her religious beliefs. The company refused her request but allowed another employee who is missing fingers to…
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When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part II
The question of who gets to decide if a dispute should be resolved through arbitration often comes up in court cases. In a famous case, the court decided that it should determine whether a contract required arbitration. However, in another case, the court ruled that an arbitration panel should decide if there was fraud in…
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When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part I
If you have a legal case but signed an agreement to resolve disputes through arbitration, it’s possible to challenge that agreement in court. The Federal Arbitration Act allows for some exceptions to enforceability, so not all arbitration agreements will be upheld by the courts. The decision on whether the agreement is enforceable will be made…
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Interpreting the Florida Civil Rights Act of 1992
Laws like the ADA and the FCRA make it illegal for employers to discriminate against people based on things like their age or disability. These laws use the phrase “because of” to show that discrimination was a significant factor in the employer’s decision. Similar laws at the federal and state level have the same purpose…
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Breaking It All Down: Employers’ Sanctions Under Immigration Law and OCAHO Litigation
In 2012, the U.S. added about 151,000 jobs each month, which means a lot of new employees had to prove they could work legally. This can be complicated and if done wrong, employers can get in trouble. OCAHO is a group that deals with cases where employers didn’t follow the rules. If ICE thinks an…
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Mooting the Mootness Issue as Moot?: Symczykâs Impact on FLSA Litigation in Florida and Beyond
There were a lot of lawsuits about wages and hours under a law called the Fair Labor Standards Act. The number of cases went way up because the law says that the winning side gets their lawyer fees paid, it’s strict about following the rules, and it lets one employee sue for a group of…
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Marching Orders: When to Tell Your Boss No
This article discusses when a new lawyer can rely on the instructions of a more experienced lawyer, even when faced with an ethical dilemma. It explains that new lawyers must still follow their professional responsibilities, even if their supervising lawyer gives them conflicting instructions. The article also mentions that there are resources available to help…
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The Unsettled State of Pregnancy Discrimination Claims Under the Florida Civil Rights Act of 1992
In Florida, employment discrimination laws protect workers from being treated unfairly because of their sex, but there is a debate about whether this includes protections for pregnant women. Federal law specifically prohibits discrimination based on pregnancy, but Florida’s law does not. This has led to a disagreement among courts about whether women can sue for…
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Gross v. FBL Financial Services, Inc.: Time to Apply the But For Burden of Proof to FCRA Discrimination Claims
In short, a law firm helped a client win a big case by proving that the other company broke their contract. It was a complicated process, but the law firm worked hard and was able to help their client win a lot of money. In Gross v. FBL Financial Services, Inc., the Supreme Court made…
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The Times They Are a Changing: The Impact of Technology and Social Media on the Public Workplace, Part II
The law is struggling to keep up with technology and social media. The things we do and say online are always there, and it’s harder to keep our private lives private. This was a concern even over a hundred years ago, and it’s still a big issue today. The Electronic Communications Privacy Act (ECPA) was…
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The Times They Are a Changing: The Impact of Technology and Social Media on the Public Workplace, Part I
Technology has a big impact on the workplace. The internet, computers, and cell phones have changed the way we work. We can communicate more easily, access information quickly, and work from anywhere. Social media sites like LinkedIn help professionals connect and find jobs, while video-sharing sites like YouTube have lots of content for people to…
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Raising Arizona Law in Florida? Part II
E-Verify is a program that helps employers check if their employees are allowed to work in the US. It was created in 1996 and is run by the US Department of Homeland Security and the Social Security Administration. It started as a voluntary program but is becoming mandatory in some places. The director of the…
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Raising Arizona Law in Florida? Part I
Former Arizona Governor Janet Napolitano signed the Legal Arizona Workers Act (LAWA) in 2007 to stop employers from hiring people who are not allowed to work in the United States. If a complaint is made, the Arizona attorney general or a county attorney can investigate and ask the federal government about the employee’s status. If…
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Taking the Fight to the Bullies: Tortious Interference Liability for Both Employer and Attorney on Baseless Restrictive Covenants, Part II
Filing a claim against a lawyer is risky because it can get personal and the lawyer will do everything to fight back. In a case about a noncompete agreement, both the former employer and the lawyer could be sued. The lawyer may have to consider if they can still represent the employer fairly, and if…
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Taking the Fight to the Bullies: Tortious Interference Liability for Both Employer and Attorney on Baseless Restrictive Covenants, Part I
If a lawyer hears the words tortious interference, they will likely think of an ex-employee being sued for taking their former employer’s customers or for breaking a non-compete agreement. But in Florida, employees can also sue their former employer if the employer unfairly causes them to lose their new job by threatening legal action over…
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The Age Discrimination in Employment Act of 1967: Issues Litigated at the Supreme Court Level
In 2000, the U.S. Census estimated that 12.4 percent of the U.S. population was 65 or older. Between 2010 and 2030, that number is expected to go up to 21.8 percent because of the retirement of the baby boom generation. With fewer jobs available and more people looking for work, older Americans may face discrimination…
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Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 2
Policies and training are really important for employers. They help protect the company from legal issues. If the company has clear policies and trains employees, it can defend itself against claims of harassment. Some important policies for law firms include having language in the handbook that says employees can be fired at any time for…
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Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 1
Make sure you’re not breaking any laws when it comes to how you treat your employees. The Fair Labor Standards Act (FLSA) has rules about overtime pay that you need to follow. If you don’t, you could get in trouble. As a law firm, it’s important to make sure you’re following all the rules when…
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Distinguishing Chicken Little from Bona Fide Whistleblowers
Whistleblowers are important for holding companies accountable, but they should be protected from retaliation. Florida has a law to protect whistleblowers, and there are also federal laws. This article compares the different laws and suggests some changes that could be made. The Florida Whistleblower’s Act protects private employees who report their employer for breaking the…