The Fair Labor Standards Act (“FLSA”) is a federal law that affects employees in the private sector and in federal, state, and local governments across the country. The FLSA establishes minimum wage, overtime pay, record-keeping, and youth employment standards. One of the purposes behind the FLSA is to protect employees from employers taking unfair advantage...
Brett Trembly
Businesses can sometimes face unjustified lawsuits alleging discrimination from a disgruntled former employee who, after the fact, feels that their termination or other treatment in their job was discriminatory. In 2020 alone, workplace discrimination cases yielded over $439 million to employees. While these cases are usually legitimate, many businesses face the issue of illegitimate claims...
Overtime claims can be detrimental to your business. Successful plaintiffs will be entitled to: 1) the amount of unpaid overtime, plus; 2) “liquidated damages” in an amount equal to the pay employees should have received (i.e., double “back pay” for unpaid overtime); plus 3) reasonable attorney’s fees and costs. As always, the best defense against...
In the era of digital media, copyright litigation has become substantially more complicated than in the past. Businesses can understandably become lost in the hazy definitions of fair use and copyright protection, sometimes leading to unsuccessful lawsuits or inaction when a suit would actually be justified. Copyrights protect some of the most important and valuable...
Non-competes are an essential tool that protects businesses from unfair competition due to an employee who takes work at a competing business, and as such, should be taken seriously when a violation occurs. Many states, including Florida, have created limitations on the scope of non-compete clauses which may pose issues to your business’s ability to...
Ever wonder why big brands sue “the little guy”? For instance, the high school is being sued because their logo looks a lot like a popular national college. Or your local community theater finds themselves battling a multinational entertainment company because their production of a popular play veers too close to the copyrighted movie adaptation....
Non-competes are an essential tool that protects businesses from unfair competition due to an employee who takes work at a competing business, and as such, should be taken seriously when a violation occurs. Many states, including Florida, have created limitations on the scope of non-compete clauses which may pose issues to your business’s ability to...
Basics of Preliminary Injunctions When a person or business initiates a lawsuit, that person is probably seeking one of two types of relief: monetary relief or injunctive relief. Monetary relief simply means that the litigant wishes to obtain financial compensation to offset damages or injuries. Injunctive relief, on the other hand, occurs when the litigant...