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Category Archives: Employment Law

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COVID-19 Employment Lawsuit: Florida Worker Alleges Workplace Safety Violations, Unpaid Overtime

By Michael Pike and Daniel Lustig |

The COVID-19 pandemic has affected virtually every aspect of life in South Florida, including workplace relations between employers and employees. In a recent case (Macke v. HT AirSystems of Florida), a worker has filed a lawsuit against a Central Florida contractor on the grounds that the company violated the Fair Labor Standard Act (FLSA)…. Read More »

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Can a Florida Employer Fire Their Employee for Protesting?

By Michael Pike and Daniel Lustig |

In the wake of widespread protests over the killing of a black man by police, many people complained that they had been fired for attending the protests. But can employers in Florida actually fire their workers for protesting? In short, yes, an employee can be fired for pretty much any reason or no reason… Read More »

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Employers Are Facing Take-Home Liability Claims in the COVID-19 Era

By Michael Pike and Daniel Lustig |

As businesses continue to reopen following the shutdown prompted by the coronavirus pandemic, concerns are growing over the so-called take-home liability claims. If you are an employer whose workers are returning to the workplace following the COVID-19 pandemic, you should be aware of take-home liability. In the COVID-19 era, all business owners and customers… Read More »

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Ensuring Off-Site Worker Safety

By Michael Pike and Daniel Lustig |

Businesses have a responsibility to provide their workers with a safe workplace, and employers are increasingly focused on ensuring their facilities are safe for employees returning to work. However, some businesses haven’t yet considered worker safety when working at customer sites and other off-site locations. While employers can control their own facilities, they generally… Read More »

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13 Coronavirus-Related Employment Claims an Employer May Face After Reopening the Workplace

By Michael Pike and Daniel Lustig |

As Florida’s businesses are reopening in the wake of the coronavirus pandemic, employers have a hard time keeping up with constantly evolving executive orders and guidelines by the CDC and OSHA on top of existing employment laws. This uncertain and volatile situation increases the risk of litigation. Employers could expect a wave of lawsuits… Read More »

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DOL Issues Final Rule on Commission-Based Retail Employees and Overtime Exemptions

By Michael Pike and Daniel Lustig |

On May 18th, 2020, the Department of Labor (DOL) issued a final rule that is designed to provide greater flexibility to employers and employees in the retail/service industries. The updated regulation pertains to the treatment of certain commission-based retail employees under overtime rules of the Fair Labor Standards Act (FLSA). In this article, our… Read More »

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5 Things to Consider When Drafting a Non-Compete Agreement (NCA)

By Michael Pike and Daniel Lustig |

Non-compete agreements (NCAs) are a crucial part of running a business. However, while some benefit from requiring an employee or independent contractor to sign an NCA, other businesses may find such agreements pointless. Typically, businesses use non-compete agreements prior to hiring a prospective employee or independent contractor to do a job. An NCA is… Read More »

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How Long Do Employees Have to File an Unpaid Overtime Claim?

By Michael Pike and Daniel Lustig |

Unless they fit into an exemption, the Fair Labor Standards Act (FLSA) provides employees the right to overtime pay for hours beyond 40 in a workweek. If an employee was improperly denied the full wages that they earned, they can file an unpaid overtime claim against their employer. Similar to other employment law claims,… Read More »

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AtWork

10 Tips to Protect Employees’ Health

By Michael Pike and Daniel Lustig |

As businesses prepare to reopen throughout South Florida, recent studies of anxiety among employees returning to work have also been reported. According to a recent survey conducted by Miami’s NBC 6, two out of three workers are uncomfortable returning to their jobs right now. Health experts say that’s understandable, but what can employers due… Read More »

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Considerations for Reopening Your Business During Florida’s Phase One Order

By Michael Pike and Daniel Lustig |

With phase one of reopening Florida underway following Gov. Ron DeSantis’s executive order signed on April 29, 2020, businesses that were shut down for two months during the COVID-19 pandemic are slowly starting to reopen. However, business owners need to understand that reopening a business in the wake of the coronavirus pandemic is not… Read More »

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