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Non-compete agreements are not always enforceable. Florida typically requires that all competition be allowed, and there shall be no restriction of competition, but there’s a separate statute in Florida, which is 542.335 Florida statutes that governs non-compete agreements. That statute requires that there be certain legitimate business interests of the employer set out in the statute such as for example, the protection of trade secrets or the protection of confidential information. The employer has to plead and prove these to be able to force a non-compete covenant.

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False claims, or Qui Tam laws, are laws that allow somebody to bring a claim on behalf of the government, and that person is called the relater, who brings the claim, and they brought, they bring the claim on behalf of the government against a business that is cheating or stealing from the government. When the government is being stolen from, as an example, Medicaid fraud, or other types of fraud against the government, the employee can bring the claim, the claim is filed under seal, so the business cannot discover the claim until the government has time to investigate the claim. Once the government’s completed it’s investigation, the government can take over the claim and the claim can be unsealed and then the business would need to defend itself against the claim. Meanwhile, the person who brought the claim could recover a percentage of the amount of the money the government gets that was stolen from the government.

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The Fair Labor Standards Act is a federal statute that governs payment of wages. It prohibits, for example, certain types of child labor, it requires the payment of overtime wages in certain circumstances and it requires the payment of minimum wages in certain circumstances. It also has a separate provision about employment discrimination based on retaliation for assertion of rights under the act.

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The fictitious business name is typically how you do business under. It’s not necessarily your legal corporate name. For example, a corporation may have a Do Business As McDonald’s, or it may Do Business As the Chicken Place, but its corporate name is something different. It may have an actual legal corporate name as ABC Inc. Doing Business As McDonald’s, or Doing Business As the Chicken Place. The DBA name typically, or the fictitious name, is how you want to market this to the public, not necessarily how you have incorporated it for your bank accounts and other legal documents.

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A shareholder derivative lawsuit is a lawsuit that a shareholder will bring to recover money that is owed to the corporation where that shareholder is an investor in. For example, if one of the officers of the corporation is stealing from the corporation a shareholder may recognize that and then bring a lawsuit on behalf of the corporate entity to recover money from that corporate officer. In the lawsuit, when the money is recovered it goes back to the corporation which helps protect the investment of the shareholder who brought the lawsuit.

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A protected class is a category the law has created to protect certain people. For example, whistle blowers would be a protected class, a person who has objected to or refused to participate in what is an unlawful practice of a business makes an objection or refuses to participate in something. The employer cannot then fire that person or reduce their compensation as a form of retaliation or reprisal against the employee for doing something the law has protected.

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A nonsolicitation agreement basically requires that the person signing it agree not to contact or solicit or obtain clients of another business or sometimes employees of that business. Typically, nonsolicitation agreements will occur either in the sale of a business, where the buyer of the business wants to ensure that it retains the clientele and the employees of the business it’s buying, or in employment relationships, where the employers wants to ensure that if an employee leaves his employment or her employment, that employee is not going to contact and obtain the customers or the employees with whom he used to work or she used to work.

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A non-compete clause is a provision in a contract where one party promises not to compete against another party in certain circumstances. For example, a party agrees not to open a competing business within a certain geographic limit, or possibly a non-solicitation provision is a part of the non-compete provision, not to hire certain employees of a previous employer or another business.

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