Richard D. Tuschman

Richard D. Tuschman

Akerman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

New York Court Rules That Florida's Non-Compete Law Is "Truly Obnoxious"

A New York appellate court has ruled that Florida law on non-compete agreements is "truly obnoxious" to New York public policy and cannot be applied against a New York employee of a Florida-based company....more

2/13/2014 - Non-Compete Agreements Restrictive Covenants

Yes, Employers Can Win Summary Judgment In State Court

Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of...more

1/16/2014 - Discrimination Employer Liability Issues Summary Judgment

Florida's Minimum Wage Is Now $7.93

Florida's minimum wage rate increased to $7.93 effective January 1, 2014. As we reported in November, Florida's minimum wage law requires the Florida Department of Economic Opportunity to recalculate Florida's minimum wage...more

1/3/2014 - FLSA Minimum Wage Tips Wages

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

12/18/2013 - Minimum Wage Prevailing Wages Wages

In Employment Arbitrations, Prevailing Party Fee Provision "Chills" But Is Not Cool

In recent years the United States Supreme Court has ruled in favor of businesses in several cases involving the enforceability of arbitration agreements. But as illustrated by a recent decision by Florida's Second District...more

12/3/2013 - Arbitration Arbitration Agreements Employment Contract

Aery Is Scary For Florida Whistleblower Act Defendants

The Florida Whistleblower Act ("FWA") prohibits employers from retaliating against employees who object to, or refuse to participate in, the employer’s violation of a law, rule, or regulation. But most courts have held that...more

11/1/2013 - Good Faith Hiring & Firing Retaliation Whistleblowers

It's Official - Offering Full Monetary Relief Without A Judgment Will Not Moot FLSA Case

Last year we reported on the Eleventh Circuit's decision in Zinni v. ER Solutions, Inc. (11th Cir., August 27, 2012), which seemed to signal that a defendant in a Fair Labor Standards Act case cannot moot the case by...more

10/22/2013 - Employer Liability Issues FLSA Mootness No-Action Relief Unpaid Overtime

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

10/16/2013 - Employee Benefits Employee Rights Employer Liability Issues Equitable Estoppel FMLA Retaliation Unpaid Leave

Continued Employment In Dead-End Job May Entitle Employee To Incentive Benefits

In Florida, employee handbooks, procedure manuals, and other statements of an employer's policy are generally non-binding and do not give rise to enforceable contract rights. But suppose an employer induces an employee to...more

9/24/2013 - Employee Handbooks Employee Retention Incentives

Minimum Wage And Overtime Pay Extended To Certain Direct Home Care Workers

On September 17, 2013, the U.S. Department of Labor's Wage and Hour Division announced a final rule extending the Fair Labor Standards Act's minimum wage and overtime protections to cover certain direct care workers such as...more

9/19/2013 - Companionship Exemptions DOL FLSA Healthcare Home Health Care Minimum Wage Over-Time

Urging An Employee To Retire Is Not Necessarily Evidence Of Age Discrimination

Mandatory retirement is generally unlawful under the Age Discrimination in Employment Act. So when an employer urges an employee to retire, isn't this evidence of age discrimination that an employer should avoid? Not...more

9/12/2013 - ADEA Age Discrimination Employer Liability Issues Retirement

Keeping The Jury At Bay: Workers' Compensation Retaliation Claim Is Subject To Arbitration

A workers' compensation retaliation claim must be arbitrated under the parties' arbitration agreement, according to a recent decision by Florida's Second District Court of Appeal, Audio Visual Innovations, Inc. v. Spiessbach...more

8/21/2013 - Arbitration Arbitration Agreements

Employer's Back Door Settlement Of FLSA Claim Backfires

An employer's settlement of a Fair Labor Standards Act claim directly with a former employee rather than with the former employee's attorney was invalid and should not have been approved by the federal district court,...more

7/31/2013 - Employer Liability Issues FLSA Legal Representatives Settlement Voluntary Dismissals

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

7/17/2013 - Discrimination EEOC Gender Discrimination Hiring & Firing Sex Discrimination Sexual Harassment Title VII

Supreme Court Affirms Narrow Definition Of Supervisor Under Title VII

The Supreme Court has ruled in Vance v. Ball State University that the authority to take tangible employment actions is the defining characteristic of a supervisor, and that without such authority an employee is not a...more

6/25/2013 - Employer Liability Issues Harassment Negligence SCOTUS Supervisors Title VII Vance v. Ball State University

Silence Is Golden For Employee Suspended Without Pay

Employers: Read and understand your employment agreements with your employees, and don't assume you have contractual rights that are not spelled out in the agreements. ...more

6/17/2013 - Breach of Contract Employment Contract Hiring & Firing Investigations Termination

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 Officers 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

Horse Doctors Make House Calls: A Lesson In Why Boilerplate Non-Compete Agreements May Not Hold Up In Court

Non-compete agreements need to actually prohibit the competitive activities at which they are aimed. Thus, they must reflect the reality of the businesses for which they are drafted. ...more

4/2/2012 - Non-Compete Agreements

Don’t Ignore That IRS Notice Of Levy - And Don’t Fire The Employee

An IRS ”Notice of Levy on Wages, Salary and Other Income” arrives in your mailbox concerning one of your employees? What do you do? ...more

3/30/2012 - IRS Levy Notice Requirements Wage Deductions

Manager’s Opposition To Employer’s Handling Of Rape Allegations Not Protected Activity, Rules Eleventh Circuit

Title VII generally protects employees who oppose employment practices made unlawful by Title VII, such as sexual harassment. But what happens when a manager disagrees with the way in which her employer handles an internal...more

3/28/2012 - Discrimination Internal Investigations Protected Activity Retaliation Sexual Harassment Title VII

27 Results
|
View per page
Page: of 2