Insights

A well-run workplace investigation can facilitate in-house resolution and remove the risk of litigation. For example, under the Faragher-Ellerth defense, an employer may remove or limit the risk of liability for claims of unlawful workplace harassment by showing it exercised “reasonable care” to prevent and promptly correct the alleged misconduct […]

In the interest of simplicity and ease, small businesses often include noncompete and other restrictive covenants together with general terms of employment in one agreement. This approach seems simple enough, and it may be more palatable to employees. But there are important considerations which favor the employer’s use of two […]

*Note: This article is directed to businesses in a non-union setting. Every employer, no matter how small, should have an employee handbook even if it is only a few pages. A handbook provides the basic understanding between the employer and employee and, as such, it can reduce inconsistencies, misunderstandings, and […]

On March 31, 2022 the Florida Supreme Court issued an opinion in what is certain to be one of the most cited cases in Florida for contract cases in the coming years. In Airbnb, Inc. v. John Doe, et al., the Florida Supreme Court held that contract provisions delegating arbitrability […]

The Labor Department’s Occupational Safety and Health Administration issued its emergency temporary standard (ETS) on November 4, 2021, addressing COVID-19 vaccinations and testing for larger employers to counter the spread of the coronavirus. The ETS covers any private employer with 100 or more employees. Part-time, full-time, and remote employees are […]