Recently, Florida Governor, Ronald DeSantis, signed into law new restrictions on employee vaccine mandates for COVID19. See my alert for more information.
Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP. Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination,…
In November 2020, Florida voters approved Florida’s Amendment 2 which increased Florida’s hourly minimum wage to $15 an hour. Amendment 2 was crafted to include a gradual increase in Florida’s hourly minimum wage.
Accordingly, beginning on September 30, 2021, Florida’s hourly minimum wage will increase to $10 an hour. On September 30. 2021, the…
Florida Statute § 542.335 lists five legitimate business interests which are protected through non-compete agreements. First on the list is trade secrets which includes information such as formulas, patterns, compilations, programs, methods or processes which derive their economic value from not being readily known to others. Further, the secrecy of a trade secret must be…
In Florida, a party opposing enforcement of a non-compete agreement may raise as a defense that the employer, or other enforcing party, no longer continues in the same business. Florida Statute § 542.335(1)(g)(2) provides that a court:
may consider as a defense the fact that the person seeking enforcement no longer continues in business in…
In order to be enforceable, must be reasonable in both the duration and scope. Duration refers to the length of time for which a noncompete agreement remains valid and enforceable. Scope, on the other hand, refers to the geographic scope – the area in which the noncompete agreement will be enforced. This post will look…
Florida’s noncompete statute, Fla. Stat. 542.335, provides numerous protections to employers or business purchasers who are looking to safeguard a company’s goodwill, trademarks and the like. Still, it is important to not overreach when drafting a noncompete. By that, should a party have to enforce a noncompete agreement, it will likely do so by…
The good news is that the COVID19 pandemic appears to be on the wane. The bad news is that there is a ton of confusion and risk right now in the employment setting around masks, for employees and customers, and around vaccines, again for employees and customers. Guidance, mandates and the like on the Federal,…
An employer has a legitimate business interest in prohibiting an employee from soliciting customers whom the employer has a substantial relationship. Hilb Rogal & Hobbs of Fla., Inc. v. Grimmel, 48 So.3d 957, 31 IER Cases 1014 (Fla. App. 2010) , citing Brown & Brown, Inc. v. Ali, 494 F.Supp.2d 943 (N.D. Ill. 2007) (applying…
As of January 12, 2021, Palm Beach County’s equal employment ordinance has been amended to cover smaller businesses. Companies in Palm Beach County with between 5 and 14 employees (Federal and State civil rights acts normally cover companies with 15 or more employees) will now have to comply with the County’s equal employment ordinance.…
While it likely will be some time before most working age Floridians can get a COVID19 vaccine, since the roll out has been nothing but chaos, employers should start to thinking about their vaccine plan. The Equal Employment Opportunity Commission (“EEOC”) issued guidelines for COVID19 vaccines in late December 2020.
Please see this helpful…
