Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more
8/16/2024
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Exceptions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants
A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more
7/25/2024
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Managers ,
Minimum Wage ,
Over-Time ,
Personal Liability ,
Unpaid Wages ,
Wage and Hour
To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more
There has been a seismic shift in Florida high school sports as state officials just unanimously approved high school athletes to receive compensation for their name, image, and likeness (NIL). The June 3 vote by the Florida...more
A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more
6/12/2024
/ Appeals ,
Civil Rights Act ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Gender Identity ,
Health Insurance ,
Policy Exclusions ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The seemingly mundane task of fueling a boat is fraught with hidden risks and potential liability for marina owners and operators, especially when it comes to dangers from fire and bloodborne pathogens. As you navigate the...more
Colleges and universities have started to become involved with online NIL stores where fans, students, and alumni can purchase custom-branded clothing adorned with the last name and jersey number of their student-athlete of...more
Florida lawmakers recently passed a law that provides businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they meet a few critical obligations. The bill is...more
4/12/2024
/ Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Florida ,
Immunity ,
Incident Response Plans ,
Popular ,
State Privacy Laws
More than ever before, marina owners and operators need to ensure their workplace safety practices are up to date. It’s no secret that the Occupational Safety and Health Administration (OSHA) frequently inspects marinas and...more
Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more
2/22/2024
/ Adverse Employment Action ,
Best Practices ,
Bias ,
Discipline ,
Documentation ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Evidence ,
Florida ,
Hiring & Firing ,
Job Descriptions ,
Performance Reviews ,
Retaliation
An alternate solution to the ever-increasing push to make collegiate student-athletes employees may finally be on the horizon. The lack of uniformity in state name, image, and likeness (NIL) laws has created an uneven playing...more
Florida is expected to be the tenth state to pass comprehensive consumer privacy legislation. The Florida Digital Bill of Rights was approved by the state legislature earlier this month and is expected to soon be signed by...more
5/15/2023
/ Biometric Information ,
Consumer Privacy Bill of Rights ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Florida ,
Personally Identifiable Information ,
Proposed Legislation ,
Smart Devices ,
State Privacy Laws
Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly...more
4/11/2023
/ Admissible Evidence ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Florida ,
Health Care Providers ,
Medical Expenses ,
Negligence ,
New Legislation ,
Physicians ,
Statute of Limitations ,
Statutory Authority ,
Tort Reform
Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more
3/22/2023
/ Back Pay ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Hospitality Industry ,
Joint Employers ,
Liquidated Damages ,
Minimum Wage ,
Over-Time ,
Restaurant Industry ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Unpaid Wages ,
Wage and Hour
Nearly a year has passed since the NCAA’s unprecedented adoption of its interim policy removing long-standing restrictions for student athletes who want to profit from their name, image, and likeness (NIL). Since then,...more
6/22/2022
/ College Athletes ,
Employer Liability Issues ,
Employment Contract ,
Fair Market Value ,
Joint Employers ,
Name and Likeness ,
NCAA ,
Protected Concerted Activity ,
Risk Mitigation ,
Student Athletes ,
Whistleblowers
The pandemic has taught employers that flexibility is key to survival – and thanks to a new law just signed into effect on May 11, Florida employers will not have to worry that any emergency actions they take to aid gig...more
Have you received a text from a random number in the last few days? Perhaps the text looks quite obviously suspicious, but it could pass as legitimate – especially if you are distracted or multitasking while scrolling through...more
As the gig economy continues to grow and workforce shortage concerns continue to mount, Human Resource Departments may be feeling the strain of ensuring proper separation between independent contractors and those employed by...more
Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, allowing student-athletes to receive compensation on their own personal brand....more
An arbitrator recently ruled that the University of Connecticut owes its former men’s basketball coach more than $11 million after determining the school violated a collective bargaining agreement by firing him without just...more
When Florida’s name, image and likeness (NIL) law went into effect this past summer, it created many opportunities for businesses that wanted to enlist college athletes as part of their marketing campaigns. A recently filed...more
Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, creating a host of new and unique compliance obligations. In the past year...more
In a 3-1 decision, the National Labor Relations Board (NLRB) has ruled that unions may continue deploying “Scabby” the inflatable rat and similar balloons at demonstrations against non-union businesses.
The board considered...more
Florida Governor Ron DeSantis recently signed the Combating Corporate Espionage in Florida Act into law, and it will take effect on October 1, 2021. The new law was created to protect intellectual property in Florida from...more
After much discussion over the last year, Florida’s name, image, and likeness (NIL) legislation for college athletes will go into effect on July 1, allowing college athletes to receive compensation based on their name, image...more
6/9/2021
/ Advertising ,
College Athletes ,
Compensation ,
Employer Liability Issues ,
Endorsements ,
Marketing ,
Name and Likeness ,
New Legislation ,
Social Media ,
Student Athletes ,
Written Agreements