Florida Non-Compete Agreements

So your boss has asked you to sign a non-compete agreement.  Here's what you need to know. 

• Florida Statute 542.335 governs non-competes entered into after 1996, and Florida Statute 542.33 governs non-competes entered into before 1996.

In order for the non-compete to be enforceable, it must:

• be reasonable in time, area, and line of business,
• have reasonable business interests that exist to justify the restrictive covenant, and
• the non-compete must be reasonably necessary to protect the legitimate business interests.

The statute provides a list of non-exhaustive legitimate business interests.  Such interests include:

• trade secrets,
• confidential business information,
• substantial relationships with specific prospective or existing customers, and
• extraordinary or specialized training.

After determining that legitimate business interests do exist, a court will determine if the time and geographical restrictions of the non-compete are reasonable.  In Florida, less than six (6) months is presumptively reasonable, and more than two (2) years is presumptively unreasonable.  Regarding geographical restrictions, courts usually will not a non-compete in which the enforcing party does not do any business.

If you have questions regarding your non-compete agreement, contact Ambuter Law for your free case evaluation.

EEOC's Strategic Enforcement Plan

     On February 22, 2012, the EEOC approved a Strategic Enforcement Plan for 2013-2016.  The plan sets forth a framework for achieving the EEOC's mission to end discrimination in the workplace.  The Strategic Plan identifies six national enforcement priorities.  Those include:

1. Eliminating Barriers in Recruitment and Hiring. The EEOC will target class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities.
   
2. Protecting Immigrant, Migrant and Other Vulnerable Workers. The EEOC will target disparate pay, job segregation, harassment, trafficking and discriminatory policies affecting vulnerable workers who may be unaware of their rights under the equal employment laws, or reluctant or unable to exercise them.
   
3. Addressing Emerging and Developing Issues. The EEOC will target emerging issues in equal employment law, including issues associated with significant events, demographic changes, developing theories, new legislation, judicial decisions and administrative interpretations.
   
4. Enforcing Equal Pay Laws. The EEOC will target compensation systems and practices that discriminate based on gender.
   
5. Preserving Access to the Legal System. The EEOC will target policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC's investigative or enforcement efforts.
   
6. Preventing Harassment Through Systemic Enforcement and Targeted Outreach. The EEOC will pursue systemic investigations and litigation and conduct a targeted outreach campaign to deter harassment in the workplace.
   
    Based on this, employers should expect to see a very active EEOC over the next few years.
   
   If you are the victim of discrimination in the workplace, please contact Ambuter Law for your free case evaluation.
   
   
   
   

ADEA Facts

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against employees and applicants age 40 or older.  In some instances, there are exceptions, such as if an employee’s age affects his/her ability to perform certain jobs effectively.

So who exactly is a regulated employer?  Regulated employers include:

• private employers with 20 or more employees
• state and local governments
• employment agencies, and
• labor organizations.

Who is considered a covered worker?  To be protected under the ADEA, a worker must be:

• be a current or prospective employee of a covered employer
• be at least 40 years old or older.

What's prohibited?  The ADEA applies to all aspects of employment including:

• hiring
• firing
• compensation
• benefits
• job assignment and transfers
• employee classifications
• promotions
• layoffs and recalls
• training and apprenticeship programs
• retirement plans, and
• time off.

The ADEA also prohibits employers from retaliating against employees who complain of age discrimination or otherwise assert their rights.

If you are the victim of age discrimination, please contact Ambuter Law for your free case evaluation.

Fair Credit Reporting Act (FCRA) Changes Effective Jan. 1, 2013

     Beginning January 1, 2013, there will  be some changes to FCRA.  Employers who utilize background checks will have to use a new "Summary of Consumer Rights" form to notify job applicants and employees of their rights under FCRA.

     Under the new changes, employers will have to make clear that the Federal Trade Commission (FTC) is not the agency that applicants and employees should contact regarding FCRA questions, but rather the newly formed Consumer Financial Protection Bureau (CFPB).

     Before any pre-adverse action is taken against an employee based on an employee's background check, an employer must provide the new "Summary of Consumer Rights" to the employee.  Also, the employer must provide this notification before obtaining a background check if the report includes information from personal interviews conducted by a consumer reporting agency.

If you are the victim of a FCRA violation, please contact Ambuter Law.

SSA Employee Reprimanded for Farting

     An SSA Employee was recently handed a 5 page written reprimanded for "conduct unbecoming of a federal officer" --- for farting.  The written reprimand details over 60 occurrences over 17 days of the "unbecoming conduct" in the agency's Baltimore office.

     The manager supposedly wrote in the reprimand, “I asked if you could make it to the restroom before releasing the awful and unpleasant odor.  I informed you that the smell from your being flatulent disturbed your co-workers and disrupted the work environment."

     According to the employee, his flatulence was linked to medical conditions.  He provided documents to his manager, who in turn said, "nothing that you have submitted has indicated that you would have uncontrollable flatulence. It is my belief that you can control this situation.”

     Apparently the employee's flatulence issue was causing other employees to not want to help him with work.  The employee offered to turn on a fan to help the stench, to which his manager said, "turning on the fan would cause the smell to spread and worsen the air quality in the module.”

     The employee is being represented by his Union.

Please click here for the full article.

If you are the victim of discrimination in the workplace, please contact Ambuter Law.

Minimum Wage on the Rise

     Beginning on January 1, 2013, Florida's minimum wage will increase from $7.67 to $7.79 per hour, which is a 1.5% increase.  Florida requires a new minimum wage calculation each year on September 30.  This is based on the Consumer Price Index.  If calculation is higher than the federal rate, which is currently $7.25, then the state's rates take effect the following January.  Beginning in January, "tipped employees" should be receiving a new pay rate of $4.77 per hour.

     Make sure that if you are not receiving the higher minimum wage amount in January, that you immediately inform your employer.


Please contact Ambuter Law for all of your employment law needs.

Wage Protection Ordinance

     Broward County has become the second county in Florida to adopt a wage protection ordinance.  Originally called a "Wage Theft Ordinance," it has now been referred to as a "Non-Payment of Earned Wages" ordinance. 

     A non-payment of wages occurs when an employee is not paid wages that he/she is legally owed.  It occurs in different forms such as unpaid overtime, not being paid at least minimum wage, working during meal breaks, misclassification of employees as independent contractors, forcing employees to work off the clock, altering time cards or pay stubs, illegally deducting money from employees’ pay checks, paying
employees late, or simply not paying employees at all.

     What this ordinance does is that it allows a second avenue for residents of Broward County, fairly similar to federal and state laws, to bring an administrative action for the recovery of unpaid wages in excess of $60,000.00 or more.  Also, under this ordinance, it defines an "employer" without regard to size, gross volume of sales, or business transacted.  However, there is an exemption for the United States, the State of Florida, and any Indian Tribe.

     More and more counties in Florida, and across the nation, are recognizing these "wage theft" or "non-payment of wages" ordinances. 

If you are the victim of unpaid wages, please contact Ambuter Law.