In the United States, federal and state employment and labor laws continue to evolve on regular basis. As a valuable resource to his clients, our office is providing the following summary of the most recent amendments affecting Florida employers on both a federal and state level. Federal Amendments Recently, the National Labor Relations Board, or…
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Over the past few years, the Obama Administration has been heavily cracking down on employers who hire illegal aliens, making it extremely risky for companies to employ undocumented workers.In 2012, the Department of Homeland Security (DHS) ordered numerous companies to provide them with their employment records for review and inspection. While these “silent raids” have…
Continue reading ›Not surprisingly, employers in Florida and across the United States admit to reviewing the social networking profiles of prospective and current employees. Despite the laundry list of potential ethical and legal implications raised by opponents, it has become a common practice in corporate America. However, several situations making headlines in this regard relate to employers…
Continue reading ›DePuy Orthopaedics, Inc. v. Waxman Under common law, non-compete clauses and agreements were generally rendered void and unenforceable as contrary to public policy and as unlawful restraints on trade. However, over the past several decades, the Florida Legislature has begun to loosen the reins on employers in allowing non-compete agreements to stand. Although earlier state…
Continue reading ›A breach of contract typically occurs when a party to an agreement fails to perform an obligation resulting from a valid offer and acceptance. In a business context, the five most common examples of breach of contract claims are as follows: Failure to complete a job Failure to deliver goods in a timely fashion Failure…
Continue reading ›A warranty is either an express or implied representation about the quality or fitness of a given consumer product. When a warranty is breached, it usually occurs under the following circumstances: A specific promise made by a seller or producer of a product is not honored When a product is defective or in an unsafe…
Continue reading ›Unlike most residential lease agreements, commercial leases can sometimes involve rather complex issues. Specifically, if a commercial lease is improperly drafted, it can create serious legal consequences for land and business owners alike, including time away from work and expensive litigation. Moreover, with negative changes in the economy and a struggling commercial real estate market,…
Continue reading ›The problem is not uncommon: an employee with knowledge of highly valuable trade secrets and other confidential information advises you that he or she is leaving your company and intends on working for a competitor. While employers typically use non-compete agreements to prevent employees from revealing sensitive business information to competing companies, they can sometimes…
Continue reading ›Disputes among shareholders happen for a wide variety of reasons and if not properly addressed, can result in serious financial and legal problems. In general, the specific rights and responsibilities of shareholders vary according to the particular corporate form as well as the procedures used in implementing and enforcing them. Corporations, partnerships and other business…
Continue reading ›If you are in a business partnership with someone that seems to be failing, it is probably time to start reevaluating things. Perhaps you decided to partner up with someone based upon his or her skill-set or willingness to take on the responsibilities associated with running a successful business. However, if you answer yes to…
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