Brett Owens on Corporate Counsel

Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete...

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

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

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

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

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

7/9/2024 / Corporate Counsel , Cybersecurity , Data Breach , Data Privacy , Data Protection , Data Security , Florida , Governor Vetoes , Popular , State Privacy Laws

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

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

Florida Likely to Join Growing Trend with Digital Bill of Rights: Top 9 Questions for Businesses

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

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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

Scabby The Rat to Remain a Fixture at Union Protests

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

7/22/2021 / Corporate Counsel , NLRA , NLRB , Protests , Unfair Labor Practices , Union Organizers , Unions

Florida’s New Law Shields Various Businesses, Institutions, and Healthcare Providers Against COVID-19 Liability

With the click of a pen, Florida Governor Ron DeSantis signed a new law — the most aggressive of its kind compared to others passed across the country — that protects businesses, educational and religious institutions,...more

3/31/2021 / Causation , Clear and Convincing Evidence , Coronavirus/COVID-19 , Corporate Counsel , Educational Institutions , Employer Liability Issues , Government Entities , Governor DeSantis , Gross Negligence , Health and Safety , Health Care Providers , Infectious Diseases , New Legislation , Religious Institutions , Statute of Limitations , Statutory Immunity

Brett Owens

Fisher Phillips

Popular Topics by This Author

Latest Posts › Corporate Counsel