The Fair Labor Standards Act (“FLSA”) establishes an employer’s obligations regarding the payment of overtime and minimum wages. The FLSA also contains various exemptions under which employees may not be entitled to overtime wages. One of these exemptions is the administrative exemption. Peter Mavrick is a Fort Lauderdale employment lawyer who has extensive experience dealing…
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The Florida Legislature enacted the Florida Civil Rights Act of 1992 with the intention of following the federal anti-discrimination law commonly known as Title VII of the Civil Rights Act of 1964. Both the Florida Civil Rights Act and Title VII of the Civil Rights Act prohibit certain types of employment discrimination. This article discusses…
Continue reading ›Intellectual property is the foundation for innovation and ingenuity. Protecting your intellectual property rights, both as an individual or business, is essential to maintaining an economic advantage over your competitors. Trade secrets are one of the most controversial forms of intellectual property because the information is maintained in secrecy. By contrast, other intellectual property, such…
Continue reading ›The Florida Civil Rights Act (“FCRA”) of 1992, Section 760.01, et. seq., Florida Statutes, was enacted to prohibit discriminatory practices against employees in the workplace. The statute itself states that it shall be “liberally construed.” Case law follows judicial decisions interpreting federal employment anti-discrimination laws such as Title VII of the Civil Rights Act of…
Continue reading ›As a business owner, ensuring that your customer list is adequately protected can often be a challenging task. Employees who have direct access to a customer list can misappropriate that information and use it to compete directly against the business. Fortunately, a business’s customer list may qualify as a trade secret to justify the enforcement…
Continue reading ›During discovery opposing parties request the production of relevant evidence and documents to encourage fair judicial proceedings and case settlements. Although the rules of both state and federal civil procedure are broad enough to encompass most discovery requests, not everything that a party requests is discoverable. There are certain objections and privileges that exist to…
Continue reading ›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…
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