When non-compete litigation is brought up, many assume it is rooted in a breach of contract. Litigation can occur when someone violates a non-compete that they signed. Consider the employee who leaves a company and begins working for a direct competitor. This employee could have started working for the competition right away and/or within the same area....
Brett Trembly
Under the Americans with Disabilities Act (ADA), employers have to make reasonable accommodations for their employees who have disabilities. This may include modifications and adjustments to the office or work environment to allow the person with disabilities to perform the essential functions of their job. Before we continue about what constitutes “reasonable,” we must point...
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Our firm is committed to keeping you updated on the recent development regarding Non-Compete Clauses. The FTC’s proposed rule issued on January 5, 2023, would make significant changes resulting in a total ban on non-compete agreements. Under the proposed rule, employers must provide notice via individualized communication to the worker that the clause is no longer in...
TLF wanted to bring your attention to a few important pieces of legislation that has recently been introduced in the United States Congress December 29, 2022, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act. The PWFA is aimed at ensuring that pregnant workers receive reasonable accommodations...
Though they are different structures, business partners and shareholders must create a plan to circumvent disputes. Whereas this blog focuses on the latter, neither group should rely on themselves. In other words, don’t assume that a preexisting relationship with your fellow shareholders is enough to overcome disagreement. There could be two people with equal shares...
A franchise enables someone else (a franchisee) to use the franchisor’s intellectual property. To highlight how interconnected these two are, we will use the example of a fantastic donut shop created and grown here in Miami: The Salty Donut. Before we begin, we should point out two things. The first is that The Salty Donut...
Running a business has so many positive aspects to it, and can be very fulfilling. However, sometimes things don’t go as planned – including professional relationships with employees. Are you currently dealing with a dispute or a claim from an employee? Is there a possibility of litigation in your future and you’re looking for the...