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Category Archives: Employment Law

Employment1

Can You Fire an Employee For No Reason in Florida?

By Michael Pike and Daniel Lustig |

Florida is an ‘at-will’ employment state. Under these rules, employers have the right to terminate an employee at any time and without giving any advanced notice. Florida employers can fire a worker for a legitimate reason and they can also fire a worker for no reason at all. Companies have wide discretion over their… Read More »

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BackCheck2

Can Florida Employers Use Criminal Records and Arrest Record When Screening Applicants?

By Michael Pike and Daniel Lustig |

For those who have a criminal record, obtaining a job can sometimes prove to be more challenging. Florida employers often use criminal backgrounds checks as part of their screening and hiring process. The use of criminal background checks has become more common in recent years: The National Association of Professional Background Screeners reports that… Read More »

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DisabledEmp

Do Disabled Employees Have a Right to Telecommute Under the ADA?

By Michael Pike and Daniel Lustig |

With modern technology, more and more jobs can be performed remotely. In U.S. workplaces, telecommuting is on the rise: Small Business Trends reports that approximately one quarter of Americans work from home at least some of the time. For many disabled workers, this is a welcome trend. The additional flexibility provides many new opportunities…. Read More »

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SexHarassment

EEOC Alleges that Central Florida Restaurant Fired Female Bartender for Complaining About Sexual Harassment

By Michael Pike and Daniel Lustig |

On September 27th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that the agency has filed a sexual discrimination lawsuit against Christini’s Ristorante Italiano, a restaurant based in the heart of Orlando, Florida. The EEOC alleges that the restaurant unlawfully discriminated against a female bartender on the basis of her sex by permitting and… Read More »

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Employment1

Misclassified Workers: Exotic Dancers Win Employment Lawsuit

By Michael Pike and Daniel Lustig |

According to reporting from the Daily Business Review, a South Florida jury has awarded nearly $900,000 in financial compensation to a group of exotic dancers who were misclassified as independent contractors instead of employees. As a result of the misclassification, these dancers missed out on overtime pay, minimum wage coverage, and other important employment… Read More »

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Discrim5

Miami Hotel Settles $2.5 Million Workplace Discrimination and Lawsuit

By Michael Pike and Daniel Lustig |

On July 30th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that SLS Hotel, a luxury hotel with locations in both Downtown Miami and on South Beach, has agreed to settle a racial discrimination claim for $2.5 million. According to the allegations raised in the complaint against the company, SLS hotel management discriminated against… Read More »

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NonCompete

Can Employers Actually Enforce a Non-Compete Agreement?

By Michael Pike and Daniel Lustig |

Over the last several years, an increasing number of employees have been asked to sign non-compete agreements by their employees. As The Wall Street Journal has reported, litigation over non-compete agreements has exploded over the last decade. This raises some important questions: How strong are non-compete agreements in Florida? When can employees get out… Read More »

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Discrimination

EEOC Files Disability Discrimination Lawsuit Against Florida Franchisee

By Michael Pike and Daniel Lustig |

On July 10th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that it has filed a disability discrimination lawsuit against a Florida-based franchise location of Pacific Sunwear (PacSun). This company offers California-branded clothing and apparel products targeted at teens and young adults. According to the legal complaint filed by the EEOC, PacSun unlawfully refused… Read More »

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EmpLaw

Florida Appeals Court Awards Attorneys’ Fees in Lawsuit Over Non-Compete Agreement

By Michael Pike and Daniel Lustig |

On June 13th, 2018, the Florida Fourth District Court of Appeal released its decision in the case of Premier Compounding Pharmacy Inc, v. Eric Larson. The issue at stake in this proceeding revolved around whether or not attorneys’ fees would be awarded in relation to a lawsuit that was filed regarding the enforceability of… Read More »

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Discrim7

EEOC: South Florida Auto Dealership Settles Gender Discrimination Claim

By Michael Pike and Daniel Lustig |

On June 6th, 2018, the Equal Employment Opportunity Commission (EEOC) announced that The Collection, an automotive dealer based in South Florida, agreed to voluntarily settle a gender discrimination claim. In this article, our dedicated Miami employment law attorneys provide an overview of this case and explain the lessons that companies and workers in Florida… Read More »

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