Category: Florida BAR article
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Preventing Re-Victimization of Sexual Harassment Victims: The Limits of Discovery of Plaintiff’s Intimate Past in Sexual Harassment Suits
Recently, there have been allegations of sexual harassment against New York’s governor. This is unfortunately not uncommon, as people in power often use their position to harass others. Many victims are afraid of coming forward because they worry that their past sexual history will be brought up in court. However, courts have ruled that this…
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Accommodating Mental Disabilities During and After the Pandemic
If you have a mental illness, the pandemic might make it harder for you to get the help you need to do well at work. This is because some people are afraid to talk about their mental illness due to the stigma around it, and others might not understand that it is a real disability.…
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Calculating Economic Losses in 11th Circuit Employment Termination Cases
The recent Supreme Court decision now protects LGBT employees from discrimination at work, and this means that lawyers need to be able to calculate how much money someone has lost if they were unfairly fired. There are nine important things to think about when figuring out this amount, including things like back and front pay,…
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Social Media and the Progressive Limitations on Public Sector Employees’ First Amendment Right to Free Speech
Throughout history, new forms of communication have changed the way people talk to each other. Social media has had a big impact on this. It’s made it possible for anyone to share their thoughts with the whole world. But for government employees, it’s not as simple as it used to be. The First Amendment doesn’t…
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Loss in the Time of Coronavirus: Evaluating WARN Obligations During a Pandemic
Due to COVID-19, businesses may have to close or lay off workers. The WARN Act usually requires employers to give 60 days’ notice before laying off a lot of employees, but during a pandemic, it’s hard for businesses to know that far in advance. Also, if they give early notice, it could cause more problems.…
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A Whistleblower Hidden in Plain Sight:When Does an Employee Termination Risk a False Claims Act Filing?
In short, the legal firm and attorney mentioned in the article helped Sophie, a famous singer, win a court case against her former manager. The manager was trying to take a cut of Sophie’s earnings even though they weren’t working together anymore. The legal team argued that the manager was being unfair, and the judge…
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Unfair Labor Practices in Florida’s Public Sector Workplaces
Labor and employment law can affect lawyers in any practice area. Issues can arise from client matters or even at the lawyer’s own workplace. These issues can be especially complicated in public employment settings due to additional constitutional and statutory limitations. This article focuses on unfair labor practices in the public sector, providing a basic…
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Protecting Goodwill as a Legitimate Business Interest in a Restrictive Covenant Enforcement Action
In Florida, a recent court case has made it easier for employers to enforce restrictive covenant agreements against employees. The court clarified that the goodwill of the business can be a legitimate reason for enforcing these agreements, making it harder for employees to challenge them. This could have a big impact on Florida’s workforce and…
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Legal Challenges to Arbitration Awards: Part II
Part II looks at what happens when someone claims that enforcing an arbitration award goes against public policy, and the authority of the arbitrator in cases under the Taft Hartley Act. It also gives advice for lawyers dealing with an unfavorable award. In these cases, the court refused to cancel arbitration awards that ordered employers…
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Legal Challenges to Arbitration Awards: Part 1
Before the Federal Arbitration Act (FAA) was enacted in 1925, it was difficult to enforce contracts for arbitration. The FAA and other laws like the Taft Hartley Act promote arbitration as a way to resolve disputes. Courts don’t usually overturn decisions made by arbitration panels, except for specific reasons. The FAA outlines four circumstances in…
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Are Arbitration Agreements Necessary for Class-Action Waivers To Be Enforceable?
The Supreme Court recently decided that employers can use arbitration agreements to block employees from joining together in class-action lawsuits. This means that if you have a problem at work, you may have to go to arbitration instead of being able to join with your coworkers in a lawsuit. It’s still unclear whether this decision…
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Adverse Employment Actions Based on Associational Disability Discrimination
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. But did you know that it also protects people who are associated with someone who is disabled? This means that if you have a friend or family member with a disability, you cannot be discriminated against at work because of…
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Mistakes Were Made: How Small Businesses Commonly Get Into Trouble with the Fair Labor Standards Act
I have represented many small businesses in employment law cases, and I’ve noticed some common mistakes they make that lead to litigation. One mistake is not following federal minimum wage and overtime regulations. Another is misclassifying employees as independent contractors to avoid paying overtime. Finally, small businesses often don’t keep up with changes in employment…
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Focusing the Lens of Justice: The Implementation of Police Body Cameras Is a Management Right, Not a Mandatory Subject of Collective Bargaining
Police body cameras are small devices that police officers wear to record their interactions with suspects and other people. They are used to gather evidence and help keep everyone safe. Florida police departments and their officers have been debating whether the use of body cameras should be a decision made by management or negotiated with…
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LGBT Discrimination in the Workplace: What Will the Future Hold?
In 2015, the U.S. Supreme Court said that same-sex couples have the right to marry. After this, the EEOC said that discriminating against someone based on their sexual orientation is a form of sex discrimination. But, not all courts and agencies agree on this. Some say that Title VII doesn’t cover sexual orientation discrimination. We…
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Medical Marijuana’s Effect on Employment Law: The Smoke is Clearing
Florida passed a law allowing people with certain medical conditions to use medical marijuana. The law didn’t say exactly what these medical conditions are, but it includes things like cancer, epilepsy, and chronic pain. The law also removed the 90-day waiting period and didn’t limit how strong the marijuana can be. So, some types of…
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Enforcement of FDUTPA by Competitors: Did the Florida Legislature Create a Right Without A Remedy?
In 2001, a law in Florida was changed to allow businesses to sue their competitors for unfair competition. Before that, the law was mainly used by consumers to get their money back from bad sellers. Now, it’s unclear what “actual damages” means for business competitors, and the courts are divided on the issue. So, it’s…
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Subpoenas Duces Tecum vs. HIPAA: Which Wins?
When there is a lawsuit, subpoenas can be issued to get medical information. The rules of how to do this are outlined in the Florida Rules of Civil Procedure. These rules are similar in many other states as well. The subpoena has to be served to the person or organization that has the information. It…
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11th Circuit Establishes Scienter Requirement for Violation of the Medicare/Medicaid Anti-Kickback S
In a recent case, the 11th Circuit Court of Appeals ruled that a person can be convicted of breaking the Medicare/Medicaid anti-kickback law if they knew their actions were illegal, even if they didn’t know they were specifically breaking that law. The law makes it illegal to offer or receive any kind of payment in…
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A Lawyers Trial Book A Guide to the 1997 Amendments to the Florida Rules of Civil Procedure
In 1997, Florida changed its law regulating the building of health care facilities and services. The new law made it easier for projects to get approved and changed the rules for applying. The goal of the law is to control the number of health care facilities and services to keep costs down and make sure…
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The 1997 Amendments to Florida’s Certificate of Need Law
The Certificate of Need (CON) program in Florida controls the building and expansion of healthcare facilities and services. This is to prevent too many healthcare options in one area, prevent competition based on prices, and slow down the use of new technology. The program also aims to make sure that everyone has equal access to…
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Transactions Affected by the Russian/Ukrainian Conflict Since 2014
I came to the US from the Soviet Union in 1989 and used to say I was from Russia, but now I can’t be proud of that anymore because of the bad things Russia has done. The US has put sanctions on Russia, Ukraine, and Belarus, and this article talks about how these sanctions affect…
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Serving Process in Brazil: Nascent Use of the Hague Convention on the Service Abroad of Documents in Civil or Commercial Matters
On June 1, 2019, Brazil joined the Hague Service Convention for serving legal documents. However, Brazil has made some reservations that may make the process more complicated. It can still save time and resources, but there are some risks involved. If you’re involved in a lawsuit that involves Brazil, it’s important to have a lawyer…
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From Russia with Love: 11th Circuit Affirms the Utility of 28 U.S.C. §1782 in International Discovery
In short, a legal firm is being accused of overcharging their clients, and a lawyer is being investigated for wrongdoing. It’s a big deal because it could mean that the clients were unfairly charged too much money. If you’re an international litigator, you have a powerful tool at your disposal called 28 U.S.C. §1782. This…