Title VII of the Civil Rights Act attempts to redress workplace discrimination and sexual harassment. As an employer, it is important to understand the necessary action that must be taken to promptly correct sexual harassment claims in the workplace. One way employers can protect themselves is by providing employees with copies of their sexual harassment…
Continue reading ›Restrictive covenants have become increasingly prevalent as a prophylactic measure to ensure adequate protection of an employer’s legitimate business interests. These restrictive covenants are generally found in the employee’s employment agreement. Historically, two Florida Statutes (F.S.) have governed the enforcement of restrictive covenants: (1) F.S. 542.33 and (2) F.S. 542.335. Although F.S. 542.18 provides that…
Continue reading ›Peter Mavrick is a Fort Lauderdale non-compete attorney who regularly represent entrepreneurs who formerly were employed in a certain industry and are now seeking to start their own business in the same industry. Our law firm is often confronted with non-compete covenants, otherwise known as restrictive covenants, signed by the entrepreneur when he or she…
Continue reading ›Non-compete agreements, also commonly referred to as “restrictive covenants,” have been subject to countless legal disputes arising between employers and their employees. The primary purpose of a restrictive covenant is to protect an employers’ alleged business interests and restrain employees from engaging unfair competition which can be highly detrimental to the employer’s own business. Peter…
Continue reading ›The United States Department of Labor (DOL) is a federal agency created in 1913 under the administration of President William H. Taft, which enforces the Fair Labor Standards Act (FLSA) created in 1938 under the administration of President Franklin D. Roosevelt. The DOL’s Wage and Hour Division (WHD) which formed simultaneously with the enactment of…
Continue reading ›The Fair Labor Standards Act (FLSA) is a federal law which governs payment of overtime and minimum wages. There are however, certain key exemptions to the FLSA which can affect rights employees may have otherwise been entitled to, such as overtime compensation. Peter Mavrick is a Fort Lauderdale labor and employment attorney who has extensive…
Continue reading ›Non-compete and non-solicitation provisions, otherwise known as “restrictive covenants,” have become increasingly more common in employment agreements. Peter Mavrick is a West Palm Beach non-compete attorney who has extensive experience dealing with restrictive covenants in a wide array of industries, including the medical industry. Although these non-compete covenants are meant to protect a former employer’s…
Continue reading ›Competitive bidding is common for many businesses, including construction companies, supply companies, and retail providers, among others. In most cases, an entity will solicit bids from competing bidders through a request for proposal (RFP) and will award a contract to the most attractive bid, which can depend on several factors. Although competitive bidding can lead…
Continue reading ›To have legal recourse for the misappropriation of a trade secret under Florida law, a plaintiff must: (1) prove the existence of a trade secret; (2) prove that it took reasonable measures to protect the trade secret; and (3) demonstrate that the trade secret was misappropriated. See Del Monte Fresh Produce Co. v. Dole Food…
Continue reading ›Florida’s Uniform Trade Secrets Act, Fla. Stat. Sections 688.001-688.009 (the “Act”), prohibits the misappropriation of a business’ trade secrets even if the business does not have a non-disclosure or similar agreement with the disclosing party. Misappropriation generally includes the improper possession of, or the disclosure of, a trade secret: “misappropriation” is fully defined in section…
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