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Richard D. Tuschman

Richard D. Tuschman

Akerman Senterfitt


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When Bad Things Happen To Good Employers: An Equal Employment Opportunity Update

I've had many clients tell me they can't believe they're being sued for discrimination. They tell me they treat their employees fairly, that they're not bigoted, that they would never discriminate against employees on the...more

3/14/2013 - Disability Discrimination Discrimination EEOC Pregnancy Discrimination Race Discrimination

Eleventh Circuit Weighs in On Several Important FLSA Issues

The Eleventh Circuit Court of Appeals has issued an opinion that has significant implications for employers and employees alleging violations of the Fair Labor Standards Act ("FLSA"). Lamonica, et al. v. Safe Hurricane...more

3/11/2013 - Corporate Officials FLSA Fluctuating Workweek Jury Instructions Undocumented Immigrants

No, Pregnancy Discrimination Is Not Legal In Florida (Despite What You May Have Read)

I just read an article entitled "Florida lawmakers look to end discrimination against expecting mothers." Posted on the website of a Fox News affiliate, the article begins by stating...more

2/26/2013 - Discrimination FCRA Pregnancy Pregnancy Discrimination Supremacy Clause Title VII

Yes, Dear, I Will Fire My Employee Because She is "Hot"

Can a boss fire an employee simply because he finds her attractive? Yes, according to the Iowa Supreme Court in a recent decision, Nelson v. James H. Knight, DDS (Iowa, December 21, 2012). And, lest you conclude that the...more

1/2/2013 - Discrimination Hiring & Firing Melissa Nelson Nelson v Knight Sex Discrimination Sexual Harassment Termination

Independent Contractor And Former Employee May Be Bound By Non-Compete Agreement, Florida Court Rules

Section 542.335 is the Florida statute that governs non-compete agreements. As most practitioners know, the statute is not limited to employment relationships. Thus, it is not uncommon for businesses and independent...more

12/14/2012 - Independent Contractors Non-Compete Agreements

Employees Have A (Limited) Duty Of Loyalty Under Florida Law

It has long been established under Florida law that employees have a duty of loyalty to their employer. Secretly assisting a competitor, or soliciting customers or employees for the benefit of a future employer, generally...more

12/11/2012 - Competition Duty of Loyalty

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