Certain Physician Non-Competes Are Now Void and Unenforceable in Florida

On June 25, 2019, Governor Ron DeSantis approved House Bill 843. On the surface, the legislation addresses a variety of valid healthcare concerns. However, tucked within the bill is a provision whereby the Florida Legislature amended Florida law governing restrictive covenants by invalidating certain restrictive covenants with licensed physicians. Pursuant to the legislation, an entity […]

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Employees or Contractors? A Potential Shift in Policy & Its Consequences

On Monday, April 29, 2019, the Labor Department issued an “opinion letter” finding that an unidentified company, with a work force that reportedly cleans residences, are contractors—not employees. Accordingly, the unidentified company will be exempt from offering certain employee protections such as minimum wage, overtime pay, and benefits. This also means that the unidentified company […]

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US Supreme Court Upholds Employment Agreements Forbidding Class Actions and Requiring Individual Arbitration of Employment Disputes

In a 5-4 decision, a sharply divided U.S. Supreme Court today upheld the enforceability of widely used but controversial clauses in employment agreements, which require employees to forgo the possibility of proceeding collectively, and oblige them to resolve any disputes with their employers through individual arbitration. In the case of Epic Systems Corp. v. Lewis, which […]

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Is Your Competitor Making False Comparative Advertising Claims?

Is Your Competitor Making False Comparative Advertising Claims? Each year, false advertising lawsuits cost companies millions of dollars in damages and cause significant damage to their reputation and goodwill. Just recently, on November 9, 2016, a former customer of Krispy Kreme doughnuts filed a $5 million false advertising class action lawsuit in federal court in […]

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Florida Whistleblowers Protected in Strong At-Will Employment State

Whistleblower actions are exploding everywhere and of course Florida is no exception.  A whistleblower who complains about unlawful action and is fired can sue as a whistleblower.  Many of you may have heard about whistleblower incentives and protections under the Dodd-Frank Act, the Sarbanes-Oxley Act, and the Affordable Healthcare Act.  The Florida Whistleblower Act governing […]

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