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Fort Lauderdale Employment Law Blog

How Businesses Can Effectively Cope With New Non-Compete Clauses

The recent passing of a Massachusetts law addressing non-compete agreements has employers across the country taking notice. This new law, which has been called "foolish" and "counterproductive" by analysts, grants employees bound by non-compete agreements some bold new rights.

How A Lacking HR Department Can Put Your Business In Legal Turmoil

If you're like most small business owners, you're used to handling a variety of tasks on your own. Outsourcing duties like processing payroll and handing human resources is probably low on your list of priorities. After all, if you've been doing it by yourself for years, why add the extra expense now?

While your business probably can survive without an HR department, the real question is whether it should. Here's a look at the potential problems of handling your own HR, benefits of outsourcing, and tips for creating your own internal HR department.

Will There Be A New Anti-Discrimination Order for LGBTQ Workers In Florida?

Florida advocates and lawmakers are pushing for new protections for the LGBTQ community. The proposed Florida Competitive Workplace Act, which is supported by both Democratic representative Ben Diamond and Republican representative Rene Plascencia, aims at preventing employers in the restaurant and lodging industries or other public accommodations from discriminating against workers based on gender identity or sexual orientation.

This proposed new law would modify the state's current civil rights laws, which prohibit employment and housing discrimination based on a variety of factors but do not offer protection based on gender identity or sexual orientation.

It's Storm Season in Florida: Here's What Employers Should Know About Working Through A Hurricane

As the entire nation reels over the devastation caused by Hurricane Michael, employer rights and responsibilities regarding conducting business during major storms is back in the spotlight. One of the most frequently asked questions revolves around whether employers have the right to require employees to work during a hurricane or other national disaster, and if employees can be fired for failure to do so. Although the answer to these questions seems simple on the surface, there are several important factors to consider.

Amazon announces $15 minimum wage for all US employees

Amazon is raising the bar when it comes to employee wages. The retail giant, which employs more than 250,000 permanent and 100,000 temporary workers, recently announced plans to raise the minimum wage for all employees to $15 per hour. The change also applies to employees of Amazon-owned Whole Foods and all other subsidiaries.

As one of the largest employers in the United States, this change reaches far beyond the immediate impact on Amazon employers. The company founder and CEO Jeff Bezos, who also happens to be the richest man alive with an estimated net worth of $156 billion, released a statement that he's excited about the change and encourages other large U.S. employers to follow suit. 

How Florida's Low Unemployment Rate Could Hurt Unlawfully Fired Workers

Unemployment rates in the United States are falling, and job gains have been reported in the transportation, warehouse, business, and healthcare sectors. While this may seem like good news to most, these positive trends have negatively impacted one subset of American employees - those who have been wrongfully terminated from their jobs. 

Fair Share Fees Deal Major Blow to Public-Sector Unions in Recent Supreme Court Ruling

State and local public-sector unions will need to find new sources of revenue to fund their negotiations, thanks for a recent Supreme Court ruling striking down what's known as "fair-share fees." The ruling, which occurred in June of 2018, struck down an Illinois law which gave agencies the power to collect fees from non-union members to fund collective bargaining actions. There are laws similar to this one in 22 other states.

Background Check Timing Proves Crucial in Recent Cases of "Informational Injury"

When it comes to running criminal background checks on potential new hires, employers must remember that small mistakes can lead to serious consequences. This was recently brought to light by the putative class action lawsuit of Ratliff v. Celadon Trucking Services. The plaintiff in the case, a job applicant who was denied employment based on the results of his background check, alleged injury-in-fact for the failure to receive required disclosures. Although the suit was eventually dismissed, the details of the case should serve as a warning to other employers.

New Options for Employee Health Plans Through AHPs Have Florida Employers Talking

A recent Department of Labor (DOL) ruling titled "Definition of 'Employer' Under Section 3(5) of ERISA-Association Health Plans" has grabbed the attention of employers in Florida and across the nation.

Vermont Makes Bold Move To Remove "No Rehire" Clauses From Contracts

In an effort to protect victims who come forward with workplace discrimination or sexual harassment claims, the state of Vermont has recently outlawed "no rehire" clauses, which are commonly included in separation agreements following claim settlement.

The ban is part of a larger harassment protection law that was passed by the state last month. Vermont is leading the way as the first state in the country to deem these clauses illegal. The new law, which was spurred on by the #MeToo movement, also includes a phone line and website to report harassment claims and bans nondisclosure agreements that prohibit harassment claim reporting.

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Danz Law, PLLC
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