LELabor & Employment

Most employment disputes are decided by documents written long before anyone was angry.

The approach

What this department is, and who calls on it.

The department advises both employers and employees — counselling on policies, handbooks, discipline and termination on one side; pursuing discrimination, wage and hour, leave and retaliation claims on the other. Which side a given matter falls on is a conflicts question, resolved at intake and never afterwards.

The transactional half of the work matters more than clients expect. A handbook, an offer letter and a restrictive covenant, drafted well, dispose of most disputes before they begin. Taken from a template, the same three documents create them.

Major areas within the department

14 areas within the department.

Policies & Counseling

Handbooks, discipline and termination advice, executive agreements and benefits questions — the documents that prevent most disputes before they start.

Employment CounselingExecutive CompensationEmployee Benefits
Wage, Leave & Accommodation

Wage and hour compliance under the FLSA, medical leave under the FMLA, and the interactive process for a disability accommodation request.

Wage & HourFMLA/LeaveADA/Accommodation
Discrimination & Retaliation

Claims arising from a protected characteristic or from protected activity — brought by an employee, or defended on behalf of an employer.

DiscriminationWhistleblower/Retaliation
Restrictive Covenants & Trade Secrets

Protecting, or challenging, an employee’s post-employment obligations — non-competes, non-solicits, and the trade secrets an employee may carry with them.

Non-Compete/Restrictive CovenantsTrade Secrets — Employment
Investigations, Labor Relations & Litigation

Internal investigations into workplace complaints, collective bargaining and union matters, employment litigation, and workers’ compensation disputes.

Workplace InvestigationsUnion/Labor RelationsEmployment LitigationWorkers’ Compensation

Resources

If you are looking into this on your own.

Fair Labor Standards Act — 29 U.S.C. § 201 et seq.
Florida Civil Rights Act — Fla. Stat. ch. 760

Representative matters

A sample of the work.

Details are altered to preserve confidentiality.

01FLSA collective action over the misclassification of field supervisors as exempt
02Enforcement of a non-solicitation covenant against a departing sales director
03Independent workplace investigation into complaints against a senior manager
04Negotiated executive severance with a change-in-control provision and a mutual release

Questions

What clients actually ask.

Are non-competes enforceable in Florida?

More readily than in most states, where a legitimate business interest supports them and the scope is reasonable. Overreach is the usual reason they fail.

Can I be dismissed for no reason?

Florida is at-will, so generally yes — unless the reason is unlawful, or a contract or policy says otherwise. The question is almost always about the reason.

Must we accommodate every request?

You must engage in the interactive process and accommodate reasonably. Undue hardship is a defence, but it is a high bar and it must be documented at the time, not reconstructed later.

Related

Matters rarely arrive alone.

Discuss a employment matter.

The first conversation costs nothing, and commits you to nothing.