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BT Currents - Hot Topics in Employment Law

11 Nov DO IT FOR THE VINE! How This Week’s Viral Social Media Trend Can Spark Legal Liability in the Workplace

Consider the following scenario: Sharon is the owner of a very successful restaurant in Florida. Sharon’s establishment employs around 20 individuals. Most of her employees are between 18 and 22 years old. In May 2015, Sharon hired Joseph as a server. Joseph is a disabled 38 year old whose medical condition requires that he wear special orthopedic shoes.   Sharon began noticing an annoying pattern of behavior during the first week of July. Several of her younger employees working in the back stock-room would frequently…

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10 Nov OSHA FINES COULD INCREASE OVER 80% NEXT YEAR

Congress recently passed the budget agreement which contained a provision which permits OSHA to raise fines significantly starting in August 2016.  The law permits a one-time “catch up” increase up to 82 percent, since fines have not been raised since 1990. This “catch-up” amount is tied to the inflation rate from 1990 to 2015.  After that, the maximum penalties would increase with the inflation rate every year.   This would have the following effect:   Citations Current Max. With “Catch-Up” Increase Other than Serious Up…

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07 Nov Noncompete Roundup – Florida Lack Of Evidence Regarding Long-Standing Or Exclusive Relationships With Customers Invalidates Noncompete Injunction On Appeal

Florida historically has taken a tough stand toward enforcing noncompetes, as a recent state-court appellate case illustrates. For those unfamiliar with Sunshine State law on noncompetes, Florida has a statute that requires noncompete agreements to be (a) in writing, (b) signed by the employee, (c) reasonable in terms of time and geography and (d) reasonably necessary to protect the legitimate business interests of the employer. While protecting customer relationships is considered to be a legitimate business interest worthy of protection, this normally does not extend…

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06 Nov Noncompete Roundup – Oklahoma Fifth Circuit Rejects Contractual Attempts To Bypass Strict Oklahoma Law Against Restrictive Covenants

Many employers would be surprised to learn that Oklahoma has some of the country’s toughest standards when it comes to enforcing restrictive covenants.  The sharp contrast between the laws of the Sooner State and its peers, such as Texas, was recently highlighted in by the Fifth Circuit Court of Appeals in Cardoni v. Prosperity Bank (Case No. 14-20682).   As background, Oklahoma expressly provides that any restraints on a lawful profession, trade or business are void, unless it meets one of a handful of narrow…

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02 Nov Lessons Learned: Watch What You Say: It can and will be used against you

As employment litigators, we frequently remind our clients that extreme caution must be exercised with email communications. A recent decision by the Seventh Circuit, Arroyo v. Volvo Group North America, LLC, found here, serves as a powerful reminder.   Luz Maria Arroyo was an Army reservist who, between 2005 and 2011, deployed twice to Iraq and Kuwait for periods in excess of one year each and also regularly attended weekend drills, as well as annual and other military training. Although her supervisor and others expressed…

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