If your aim is to reduce employment disputes, arbitration clauses could offer a solution. As any Florida employer who has suffered an employee lawsuit can attest, employment-related claims can be both expensive and uncertain. Even in cases where the claims have no merit, employers must often shell out significant amounts of money to resolve the issue. Further, court actions are time-consuming and often stressful as well.

Many have turned to arbitration clauses as a way to prevent at least some employee-initiated lawsuits. Like a court action, arbitration is a formal legal process. It works like this: When employees and employers sign an employment contract containing an arbitration clause, they are giving their mutual consent to resolve disputes through arbitration. If an employment dispute does arise, them a neutral third party, or arbitrator, will hear both sides of the dispute and then make a decision.

Arbitration clauses are beneficial to employers for several reasons. Chief among these is saving money and saving time as the arbitration process proceeds faster than court actions. Additionally, the process affords employers a greater degree of certainty about the outcome because there are limitations to appealing an arbitrator’s decision. Arbitration also provides employers with more privacy that they would have by settling the matter in court.

Employment disputes should never be underestimated by either party, and it is never wise to assume the dispute will be resolved quickly. Most business owners or employers seek attorney guidance when considering arbitration clauses. Working with a lawyer offers the opportunity to discuss the pros and cons of arbitration as well as defense options should an employment dispute occur in the absence of an arbitration clause.

Source: Chron.com, “What Are the Benefits of Employment Arbitration?,” Lynne MacDonald, accessed April 26, 2016

Quid pro quo is a Latin term that means “something for something” or “this for that.” In legal terms quid pro quo sexual harassment occurs in the workplace when a person with authority, promises something to an employee or a job applicant in return for a sexual favor. Quid pro quo harassment can be stated outright or merely implied or hinted at.

To further clarify this type of sexual harassment, here are a few examples for you to consider:

— Stating or implying that an employee will receive protection from termination or reprimands in return for some form of sexual activity

— Stating or implying that an employee will receive a raise, promotion or other benefit in return for sexual favors

— Touching a job applicant or an employee in an appropriate manner and then implying or stating such activity is necessary for employment

These behaviors are against the law and no employee in Florida or elsewhere in the nation is bound to acquiesce to an employer’s sexual demands. However, many employees do give in because they need their jobs or they feel trapped in the situation.

The law offers victims an opportunity to be compensated by filing a sexual harassment claim. If successful, it is possible for the victim to recover compensation for damages such as lost wages or benefits and sometimes damages for emotional distress. Unfortunately, the burden of proof lies with the employee, which can be challenging in some cases.

Many victims of workplace sexual harassment in Florida have found that working with an employment attorney strengthens their claims. Along with providing guidance based on actual experience, a lawyer has resources he or she can use to support your case.

Source: FindLaw, “What is Quid Pro Quo Harassment?,” accessed April 21, 2016

If you were asked to sign or have signed a noncompetition agreement, commonly referred to as a noncompete, with your employer, you may feel trapped into either staying with that employer or changing careers. However, noncompetes are not always enforceable in the ways you may assume or have been led to believe. Here are five things to know about noncompetes before you sign.

Geographical restrictions are not exhaustive

Geographical restrictions of the agreement must not be too broad or unreasonable. Employers cannot impose restrictions in geographical areas where they do not conduct business. A knowledgeable attorney can help you determine what geographical restrictions, if any, apply to you under the terms of any noncompete agreement you sign.

Employment restrictions are nuanced

Job restrictions imposed on the employee must not prohibit employment with employers who are not, or are not associated with, competitors. Whether a former employee has violated his or her noncompete truly depends on the specific facts.

For example, in 2015, Forbes reported on a case where an employee of an IT staffing company was fired, then began her own IT staffing company and hired some of her former co-workers. The judge found the original employer to be commoditized, meaning its clients typically used several competing staffing companies at any given time. As such, there was no violation of the noncompete on the part of the fired employee who started her own IT staffing company.

The duration of a noncompete matters

The length and scope of the agreement must not go beyond the time it takes the employer to reasonably recover from the loss of the employee. The length of time a noncompete is enforceable depends on various factors including:

• The size of the company
• The employee’s specific position
• How long it takes to replace the employee

Therefore, if you are being sued with regard to a noncompete agreement, you should consult an attorney to help determine whether you actually violated the agreement.

Concerning confidentiality

When a noncompete is used to protect confidential and proprietary information, the employer must engage in proper measures to keep the information secret. Furthermore, the information must specifically provide the employer with a competitive advantage. If the confidential data does not warrant protection, it is not covered under the noncompete.

Limiting investments cannot create an undue burden

The noncompete must not place undue or unusual restrictions on the employee to invest in a competitor. This can be complicated, but an attorney can help you identify proper and improper investments when you leave.

Know your rights before you sign

In short, the agreement must be reasonable, and not restrict an employee who is not essential to the functioning or existence of the employer. There can be some subjectivity on the part of an employer, employee, or judge when it comes to determining reasonability. An attorney who is experienced with noncompetes can help you understand what is reasonable when it comes to the terms of any noncompetitive agreement you plan to sign, need to negotiate, or have already signed.

In nearly all U.S. states, employment is presumed to be at will. This means that the law empowers both the employee and the employer to change the working relationship any time and without cause. For example, an employer has the right to modify the work schedule or terminate a worker while the employee has the right to leave the job at his or her discretion.

At will employment continues to reign in America because of the nation’s respect for freedom of contract and because both employers and workers seem to favor this arrangement. Even though an employer has the right to terminate a worker or change the employment terms without cause, there are some exceptions to this right. These exceptions protect Florida workers from wrongful termination and even workplace discrimination in certain situations.

Here are some situations in which it is against the law to terminate an employee and employment lawyers may be needed to get compensation for the dismissal.

— If the worker refuses to engage in illegal acts

— If the worker performs duties that are in the public interest such as jury duty or joining the National Guard

— If the worker reports an employer for violating the law

— If the employee exercises a statutory right such as filing a workers’ compensation claim

In most cases, it is not against the law to terminate an employee. However, when an employer does engage in wrongful activities it is the right of the employee to take action. The road to a successful lawsuit based on a wrongful termination can be fraught with obstacles, but with the help of a knowledgeable employment lawyer, you can be made whole once again.

Source: National Conference of State Legislature, “The At-Will Presumption and Exceptions to the Rule,” accessed April 12, 2016

Employment or workplace discrimination on the basis of one’s age does not often capture the interest of media outlets, but it still happens in Florida and other states. Most age discrimination affects workers who are middle-aged or older, manifesting when these older citizens are looking for work. With advancements in the health and medical care industry, people are living longer, healthier lives and they have the same right to gainful employment as younger people do.

In 1967, the United States Congress declared that older potential workers were at a disadvantage when attempting to find employment. As such, the age discrimination in employment act came into being. The act was developed to promote the employment of older citizens based on “their ability rather than age.” Under this act, employers are prohibited from:

— Terminating or refusing to hire a person because of his or her age

— Reducing the wage rate of a worker because of his or her age

— Depriving a person of employment opportunities due to his or her age

— Reducing an employee’s accrual of benefits based on age

The issues above are just a few of the ways in which the act protects older workers from age-related workplace discrimination. While it can be challenging to prove discrimination has occurred, it is still beneficial to talk over your case with an attorney who practices in employment law. If you and your lawyer can show that you have suffered from financial lossdue to age discrimination, you may be able to hold your employer liable for damages. Consider scheduling a consultation with a Florida-based employment attorney for additional information about your case.

Source: U.S. Equal Employment Opportunity Commission, “The Age Discrimination in Employment Act of 1967,” accessed April 07, 2016

It is no secret that most state economies are struggling. As such, many workers have been laid off and fewer new employees hired on. In some cases, this means existing employees have been charged with picking up the slack. For some, this is satisfactory with one important exception: not getting paid for the increased workload. Travel time is one such task that can slip through the cracks entirely.

Admittedly, travel time can be complicated when it comes to Florida wage and hour laws. Here are some basics to consider.

The ordinary time you spend traveling to and from work is not considered compensable. However, if you are asked to perform a work-related duty during this time, then it is likely compensable. For example, if your boss asks you to stop at an office and pick up some papers on the way to work, then you should be compensated for the travel time.

If you have been given a special “one day assignment” requiring you to travel to another city or state, then this is considered work time and you should be compensated. However, your boss can deduct from this the regular time it takes you to travel to and from work on an ordinary day.

As you might imagine, any job activities requiring you to travel during the course of your workday is compensable. Examples include traveling from worksite to worksite and running work-related errands during the course of your day.

Finally, traveling away from your home and community is considered additional work time when it falls outside of your normal schedule. For example, if you are sent to a conference on your regular day off, you should be compensated for the hours you spend at the conference. The time spent actually traveling in a car, bus, train, airplane, etc. is not typically considered work time.

You should, however, be compensated for the cost of travel. You should be refunded fuel money for as many miles as it took for you to get to the conference, and you should have train and plane tickets paid for you. You may even be lucky enough to be given tickets for a private plane if you work for a large company. Jettly provides private jets which your company might use, so you shouldn’t have to worry about the cost of getting yourself to your destination. Some companies even offer added benefits such as paid leaves or a paid vacation where the employee can visit wherever they want to. Be it to the beautiful island of Hawaii to watch whales (consider looking at this adventure whale watch package by Kai Kanani, if interested), or to the state of Arizona to see the magnificent Grand Canyon. That being said, not all businesses can offer such generous compensation. However, reimbursement of expenses for business travel and stays should be provided.

As a rule, you should keep meticulous documentation about the time you spend traveling for work. If you experience any problems receiving compensation for your working travel time, a wage and hour attorney may be able to help you.

Source: U.S. Department of Labor, “Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA),” accessed March 29, 2016