Tag Archives: Employment

Employer’s Campaign Prediction That Employees Would Have To Join Union And Pay Dues As Condition Of Employment Not Coercive, NLRB Majority Rules

The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace.  We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants. An interesting area of NLRB case law concerns campaign statements,–statements made by employer representatives … Continue reading

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FLORIDA NON-COMPETE AND RELATED TORT LAW: WHEN DO AN EMPLOYEE’S ACTIONS BEFORE ENDING EMPLOYMENT CONSTITUTE TORTIOUS INTERFERENCE AS OPPOSED TO LAWFUL PREPARATION TO COMPETE?

It is well settled in Florida law that “an employee does not violate his duty of loyalty when he merely organizes a corporation during his employment to carry on a rival business after the expiration of his employment.” Fish v. … Continue reading

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There is no fundamental right to government employment within the meaning of the Equal Protection Clause

Vehicle and Traffic Law §236(2)(d) provides that hearing examiners of a municipality's parking violations bureau "shall not be considered employees of the city in which the administrative tribunal has been established."Plaintiff's in the action challenged this "employment exclusion" set out … Continue reading

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RECENT FEDERAL APPELLATE COURT RULING ASSISTS FLORIDA EMPLOYERS IN THEIR DEFENSE AGAINST EMPLOYMENT DISCRIMINATION LAWSUITS

A recent decision from the federal appellate court that decides the legal standards for employment discrimination claims in Florida federal courts made it much easier for employers to defend against employment discrimination lawsuits.  Under federal law, a plaintiff’s burden in … Continue reading

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Spotting the Employment Law Issues in Avengers: Endgame

So like nearly all of America, my family saw Avengers: Endgame this weekend. (Minor Spoiler Ahead!) Of course, we laughed. We cried.  And it was definitely better than Cats.   All the while thinking of the employment law issues that are just under … Continue reading

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