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Former Employees Who Couldn’t Wait to Leave Their Florida Employer Before Illegally Competing Ordered to Pay Heavy Price

A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old...more

Florida Home Healthcare Worker Found to be Misclassified as Contractor – An Employer’s Survival Guide to Avoid Similar Fate

In a stunningly broad ruling that should send shivers down the spine of every home healthcare agency that uses an independent contractor workforce, a Florida federal court ruled on April 12 that a home healthcare worker who...more

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Flipping The Script: Employer Sues Former Worker For COVID-19 Defamation

In what can only be described as a complete flipping of the script in employment-related litigation, the owner and manager of a suburban Pittsburgh restaurant adversely impacted by the COVID-19 pandemic have sued a former...more

Have You Thought About Encrypting Your Company's Data, And Its Communications? Perhaps You Should

Alright. So, you’ve battened down the hatches of your company’s premises, to protect your employees and your information. Employees are required to create secret computer passwords they’re not to share with anyone, even...more

The See-Saw World of Uber’s Arbitration Agreement Again Tips In Uber’s Favor

Ever since Uber became part of our everyday world, the mandatory arbitration agreement it requires its independent contractor drivers to sign has been under constant scrutiny—and attack. A recent decision, however, fell in...more

Cybersecurity Insurance: Does Our Business Need It?

By now, we are all too familiar with the issues and pitfalls associated with cybersecurity breaches in a multitude of industries. Consider Equifax, Home Depot, Yahoo or Target, to name a few. Those well-publicized incidents...more

Are You Carefully Vetting Your Third Party Vendors? If Not, You May Be Buying Yourself a Breach of Privacy Claim  

Our client, we’ll call them Company X, provides installation, connection, upgrades and repairs for one of the country’s largest providers of residential and commercial television, telephone and Internet service. We’ll call...more

Security Breached – Tips for Mitigating and Protecting Private Information from Inside and Outside Threats

If you’re going to demote or terminate your in-house tech expert, you should plan that event very carefully. Our firm is now helping a client with damage control and data recovery upon discovering – a week after their...more

Are You Doing Enough to Protect Your Company's Secrets?

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is...more

Background Checks Are a Good Idea, but Be Careful What You Wish or

Virtually every thoughtful employer wants to hire the very best employees they can find. And why not? Good workers produce better products, provide better service, give maximum effort, learn and adopt the company’s best...more

Florida Court Rules Uber Drivers are Not Employees

In a somewhat surprising but positive development for gig companies, a Florida state appellate court ruled on February 1, 2017 that Uber drivers are independent contractors, NOT employees, and therefore not entitled to...more

Lyft Wins Background Check Class Action Claim

Apparently, even a “no decision” decision by the U.S. Supreme Court can still establish precedent. Relying on a Spring 2016 SCOTUS decision, a federal magistrate judge in California dismissed a proposed class action...more

Supreme Court Punts On Issue Of "Standing" To Pursue Class Action Claims

Earlier this week, by a 6-2 vote, the Supreme Court issued a “no decision” decision on an issue important to employers facing class action litigation. The Court decided that the 9th Circuit Court of Appeals needed to review...more

Are Referral Sources Protectable Under Florida Law?

The question of whether referral sources constitute legitimate, protectable business interests under Florida's Covenants Against Unfair Competition statute, Fla. Stat. § 542.335 (2014), is likely heading to the Florida...more

How Often Can We Run Credit Checks On Dealership Employees?

Picture this scenario: a privately held dealership operates 16 stores in Southwest Florida. The company’s CFO tries to keep on top of how the finance managers, cashiers, parts managers, and others who handle money or property...more

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