Florida Is a Right to Work State. No, That Doesn’t Mean Your Non-Compete Agreement is Unenforceable.
Clients frequently ask me about the enforceability of non-compete agreements. Some clients assume that because Florida is a right to work state, they can’t be denied their “right to work” in their chosen field. Sorry, it doesn’t work that way. Sometimes laws don’t mean what they sound like they mean. The right to work is […]
The Legality of Monitoring Employee Emails in Florida
Generally speaking, the monitoring of employees’ emails on an employer’s own server is legal in Florida. Here’s why. Florida Law No Florida statute expressly prohibits a company from monitoring emails on its own email server. Florida’s Security of Communications Act, section 934.01 et seq., Fla. Stat., provides in part that it is illegal to (a) intentionally […]
Sexual Harassment: What Are the Right Steps for Employers and Employees?
The following article appeared in the November 2017 South Florida Legal Guide. Employers should have a written policy that defines and prohibits sexual harassment and contains an effective complaint procedure. Employers should also train their employees to prevent sexual harassment, and lead by example. Training can include watching off-the-shelf videos or attending in-person training. Leading […]
Harassment by Non-Employees is Still Harassment
Recently I gave a seminar to a group of managers employed by one of my corporate clients and informed them that the company can be held liable for harassment by non-employees. Several managers expressed doubt about this. How can a company be held responsible for what a customer does, they asked? But it’s true –an […]
Drug and Alcohol Testing Under Florida Law
In Florida, private sector employers are neither required nor prohibited from requiring employees to undergo drug and alcohol testing. Florida has a Drug-Free Workplace Act that sets forth certain procedures for employers to follow in conducing job applicant testing, reasonable suspicion testing, follow-up testing, and routine fitness-for-duty testing. An employer is not required by law […]
Can Employers Impose Dress Codes and Appearance Standards?
Florida law does not expressly regulate private employers’ imposition of dress codes or personal appearance standards in the workplace. But certain limitations are imposed by federal and state laws prohibiting employment discrimination in the workplace. As noted by the EEOC, in most cases employers are required to make exceptions to their usual rules to permit employees […]
When is a Counterclaim in an Employment Case Retaliatory?
It’s not unusual for defendants in employment cases to file counterclaims against plaintiffs. And when that happens, it’s not unusual for the plaintiff to amend her complaint to assert a retaliation claim, alleging that the counterclaim was filed in retaliation for the employee’s legally protected filing of her lawsuit. The employee alleging retaliation may have […]
What Does Florida Law Say About Employee Surveillance and Searches?
The following is a discussion of the law in Florida on employee surveillance, monitoring, and searches, as it pertains to private-sector employers. Private employers are not constrained by the Constitutional limits of the Fourth and Fourteenth Amendments. Lebron v. Wilkins, 820 F. Supp. 2d 1273, 1282 (M.D. Fla. 2011) aff’d sub nom. Lebron v. Sec’y, […]
A Kinder And Gentler Federal Court?
As we draw closer to the end of the Obama administration and the beginning of a new presidential administration, the question many employment lawyers should be asking themselves is whether and to what extent the face of the federal judiciary has changed, and whether any such change will have or continue to have an effect […]
Employers, Don’t Forget The EEOC Carve-Out In Your Mandatory Arbitration Agreement
This blog post originally appeared in Forbes.com. The Equal Employment Opportunity Commission likes to protect its turf. While the EEOC files relatively few lawsuits – it filed 167 lawsuits in fiscal year 2014, while it processed over 88,000 charges – the EEOC will not hesitate to take actions against employers that prevent employees from filing […]