Richard D. Tuschman, P.A. Employment Lawyers

In Non-Compete Litigation, Choice of Law Provisions Matter — A Lot

A recent decision by a Pennsylvania appellate court illustrates the importance of choice of law provisions for companies that want to enforce their non-compete agreements on a nationwide basis. A choice of law provision is a contractual term in which the parties specify that any dispute arising under the contract will be determined in accordance […]

They’re Not Independent Contractors If the Court Says They’re Employees

Recently a client informed me that some of his workers are independent contractors. I asked the client whether he’s sure these workers are properly classified as independent contractors. “Yes,” the client said. “They signed agreements. It’s not a problem.” Actually it may be a problem. Under U.S. employment laws, whether a worker is an employee […]

Employee Non-Compete Agreements: One Size Doesn’t Fit All

Can you make your employee non-compete agreement enforceable across all jurisdictions in the United States? Should you even try? Those were two of the questions asked at a panel conference on trade secrets and non-compete agreements which I recently attended. The consensus answer among the panelists was “no” and “no.” I agree. Employee non-compete agreements […]

English-Only Policies in the Workplace: Are They Legal? Are They Smart?

As I cast my ballot in this year’s election – a ballot that in my home of Broward County, Florida is printed in English, Spanish, and Creole – I was reminded of an employment law issue that often leaves employers scratching their heads: Can employers require their employees to speak English in the workplace, or […]

Employers, Know Your Rights!

Employment litigation has boomed in the last 20 years. Statutes such as the ADA and the FMLA have created new rights for employees. Decades-old laws such as Title VII (which prohibits many forms of discrimination) and the Fair Labor Standards Act (which sets the minimum wage and regulates overtime pay) remain popular among plaintiffs’ lawyers […]

When Terminating Employees, the Truth Will Set You Free

It may be that a “[c]ontradiction is not a sign of falsity, nor the lack of contradiction a sign of truth.” BLAISE PASCAL, PASCAL’S PENSÉES 104 (E.P. Dutton & Co., Inc. 1958) (1670). But under the Age Discrimination in Employment Act … a contradiction of the employer’s proffered reason for the termination of an employee […]