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Richard Tuschman

Richard Tuschman

Recent Articles

Third DCA Reverses Injunction in Non-Compete Case

Richard Tuschman
January 02, 2009 11:42

Under Florida law, where an employment contract expires by its terms and the parties continue to perform as before, an implication arises that they have mutually assented to a new contract containing the same provisions as the old.  But this principle does not apply to non-competes and other...

DOL Unveils New FMLA Poster and Forms

Richard Tuschman
December 22, 2008 22:23

Here's the new FMLA poster that the U.S. Department of Labor unveiled today to conform to the new FMLA regulations that go into effect on January 16, 2009. Every employer covered by the FMLA is required to post on its premises, in a conspicuous location, a notice explaining the FMLA's...

Eleventh Circuit Affirms $35 Million Judgment for Store Managers in FLSA Suit

Richard Tuschman
December 17, 2008 01:07

The Eleventh Circuit has affirmed a jury verdict of more than $35 million against Family Dollar Stores, Inc. for misclassifying its store managers as exempt from overtime pay.  The case, Morgan v. Family Dollar Stores, Inc., involved an opt-in class of 1,424 store managers in a...

Fourth DCA Reverses Ex Parte Injunction in Non-Compete Case

Richard Tuschman
December 11, 2008 02:45

A trial court should not have entered a temporary injunction enforcing a non-compete agreement against a former employee on an ex parte basis, i.e., without notice to the employee, according to the Fourth District Court of Appeals in a recent decision,...

Fourth DCA Rules (Again) that the Florida Civil Rights Act Prohibits Pregnancy Discrimination

Richard Tuschman
December 03, 2008 23:09

The Fourth District Court of Appeals has issued a revised opinion in Carsillo v. City of Lake Worth, which I reported on in September.  The result is the same under the revised opinion -- the FCRA prohibits pregnancy discrimination -- but the court has refined its analysis.  Or maybe...