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Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete...

Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

A True Game Changer: 5 Things for Employers and Schools to Do as Florida Approves NIL Pay for High School Athletes

There has been a seismic shift in Florida high school sports as state officials just unanimously approved high school athletes to receive compensation for their name, image, and likeness (NIL). The June 3 vote by the Florida...more

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more

Fire and Blood: How Marina Owners and Operators Can Avoid 2 Biggest Fueling Hazards This Summer

The seemingly mundane task of fueling a boat is fraught with hidden risks and potential liability for marina owners and operators, especially when it comes to dangers from fire and bloodborne pathogens. As you navigate the...more

NIL Stores are Next Step in Student-Athlete Revolution: 3 Things Higher Ed and Athletic Departments Need to Do

Colleges and universities have started to become involved with online NIL stores where fans, students, and alumni can purchase custom-branded clothing adorned with the last name and jersey number of their student-athlete of...more

Florida Passes Cybersecurity Data Breach Immunity Law: 3 Things Businesses Need to Know – and 3 Things to Do

Florida lawmakers recently passed a law that provides businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they meet a few critical obligations. The bill is...more

Boating Season On the Horizon: What Do Marina Owners and Operators Need to Know About Workplace Safety?

More than ever before, marina owners and operators need to ensure their workplace safety practices are up to date. It’s no secret that the Occupational Safety and Health Administration (OSHA) frequently inspects marinas and...more

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Could the Collective Association Provide an Alternative to Employment Status for Student-Athletes? 5 Tips for Universities

An alternate solution to the ever-increasing push to make collegiate student-athletes employees may finally be on the horizon. The lack of uniformity in state name, image, and likeness (NIL) laws has created an uneven playing...more

Florida Likely to Join Growing Trend with Digital Bill of Rights: Top 9 Questions for Businesses

Florida is expected to be the tenth state to pass comprehensive consumer privacy legislation. The Florida Digital Bill of Rights was approved by the state legislature earlier this month and is expected to soon be signed by...more

Florida’s Tort Reform Will Have an Impact on Employment Litigation – 5 Takeaways for Employers

Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly...more

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

5 Potential Pitfalls for NIL Collectives in College Sports to Avoid

Nearly a year has passed since the NCAA’s unprecedented adoption of its interim policy removing long-standing restrictions for student athletes who want to profit from their name, image, and likeness (NIL). Since then,...more

Sign of the Times? New Law Protects Florida Companies from Misclassification Claims When Aiding Gig Economy Workers in Emergencies

The pandemic has taught employers that flexibility is key to survival – and thanks to a new law just signed into effect on May 11, Florida employers will not have to worry that any emergency actions they take to aid gig...more

5-Step Plan for Employers to Defeat Text Message ‘Smishing’ Scams

Have you received a text from a random number in the last few days? Perhaps the text looks quite obviously suspicious, but it could pass as legitimate – especially if you are distracted or multitasking while scrolling through...more

Human Resources Can Take These 3 Steps to Minimize Misclassification of Gig Economy Workers

As the gig economy continues to grow and workforce shortage concerns continue to mount, Human Resource Departments may be feeling the strain of ensuring proper separation between independent contractors and those employed by...more

NFTs and NILs: 4 Considerations for Athletic Departments as New Opportunities for Athletes Explode

Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, allowing student-athletes to receive compensation on their own personal brand....more

Minor Recruiting Violations May Not Always Amount to Just Cause – 4 Takeaways for Athletic Departments

An arbitrator recently ruled that the University of Connecticut owes its former men’s basketball coach more than $11 million after determining the school violated a collective bargaining agreement by firing him without just...more

What Florida Schools Need to Know as High School Student-Athletes Seek NIL Compensation

When Florida’s name, image and likeness (NIL) law went into effect this past summer, it created many opportunities for businesses that wanted to enlist college athletes as part of their marketing campaigns. A recently filed...more

The 5 Biggest Name, Image, and Likeness Takeaways for Universities and Athletic Conferences

Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, creating a host of new and unique compliance obligations. In the past year...more

Scabby The Rat to Remain a Fixture at Union Protests

In a 3-1 decision, the National Labor Relations Board (NLRB) has ruled that unions may continue deploying “Scabby” the inflatable rat and similar balloons at demonstrations against non-union businesses. The board considered...more

5 Trade Secret Protection Steps Employers Should Take in Response to New Corporate Espionage in Florida Act

Florida Governor Ron DeSantis recently signed the Combating Corporate Espionage in Florida Act into law, and it will take effect on October 1, 2021. The new law was created to protect intellectual property in Florida from...more

Florida’s Name, Image, and Likeness Bill Creates New Marketing Opportunities – And Compliance Obligations – for Employers

After much discussion over the last year, Florida’s name, image, and likeness (NIL) legislation for college athletes will go into effect on July 1, allowing college athletes to receive compensation based on their name, image...more

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