Ogletree Deakins • December 26, 2017
On December 13, 2017, a Florida district court of appeal held that Miami Beach violated Florida law by enacting a local ordinance increasing the minimum wage. According to the court, Florida law prohibits municipalities from setting a minimum wage higher than the state minimum wage.
Phelps Dunbar LLP • December 21, 2017
Florida’s Third District Court of Appeal has affirmed a trial court’s decision blocking a minimum wage increase proposed by the city of Miami Beach. In its ruling, the appellate court agreed with the trial court’s determination that a 2003 Florida state statute prohibited municipalities, such as Miami Beach, from adopting their own wage floors.
Phelps Dunbar LLP • October 24, 2017
Effective January 1, 2018, the minimum wage in the State of Florida will increase to $8.25 per hour, a 15 cent increase from the 2017 rate. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year. The annual calculation is based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1, 2017. Although Florida has raised the state minimum wage, the federal minimum wage most likely will remain at $7.25 for an undetermined period.
Ogletree Deakins • October 19, 2017
Florida voters approved a constitutional amendment that created Florida’s minimum wage in November of 2004. The minimum wage applies to all employees in the state covered by the federal minimum wage. Florida law requires a new minimum wage calculation each year on September 30, based on the percentage increase in the Consumer Price Index (CPI) in the South Region for the 12-month period prior to September 1. If that calculation is higher than the federal rate, the state’s rate takes effect the following January.
XpertHR • September 24, 2017
Home health service referrals can be a legitimate business interest protected under a noncompetition agreement, the Florida Supreme Court has ruled. The finding strengthens the hand of Sunshine State employers that seek to protect their businesses from departing employees looking to aid a competitor.
Phelps Dunbar LLP • September 21, 2017
Florida permits employers to enforce non-compete and non-solictation agreements (restrictive covenants) as exceptions to a general prohibition on restraints of trade, so long as the restrictions fall within the parameters of Florida Statute 542.335. Among other limitations, the statute permits enforcement of restrictive covenants only so long as they protect “legitimate business interests.” The statute provides a non-exhaustive list of examples of “legitimate business interests,” but lower courts in Florida have diverged over whether information that an employer contends is a “legitimate business interest” is included within the scope of that definition when it is not among the statute’s listed examples. The Florida Supreme Court recently shed new light on this topic.
FordHarrison LLP • September 18, 2017
Executive Summary: On Thursday, September 14, 2017, the Florida Supreme Court held that referral sources can be valid legitimate business interests under Florida’s non-compete statute, potentially warranting enforcement of a restrictive covenant/non-compete agreement. In determining whether referral sources can be legitimate business interests, the Court closely analyzed the statute’s plain language and engaged in a fact- and industry-specific inquiry.
XpertHR • August 09, 2017
In 2017, the HR and employment law landscape in Florida has been changed by a number of new measures coming into effect, including:
Jackson Lewis P.C. • August 07, 2017
Responding to the alarming proliferation of lawsuits in Florida alleging that places of public accommodations create barriers to access to disabled patrons, Florida has adopted what appears to be the first law in the country attempting to provide some defense to beleaguered businesses.
FordHarrison LLP • June 30, 2017
Executive Summary: Late last week Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2).