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Caren S. Marlowe

Shareholder || Tampa

Employment Law, Litigation, Unfair Competition and Trade Secrets, Wage and Hour, Multistate Advice and Counseling

Caren Marlowe is a shareholder in the Tampa office of Ogletree, Deakins, Nash, Smoak and Stewart, P.C. She serves on the steering committee of Ogletree’s international Unfair Competition and Trade Secrets practice group. Caren represents corporations and management in labor and employment matters, including unfair competition claims, discrimination, retaliation, whistleblowing and FMLA. She has extensive experience and a proven track record of litigating restrictive covenant (non-compete, non-solicitation and confidentiality agreements) and discrimination matters in state and federal court. Caren regularly provides advice and assistance to employers related to restrictive covenant agreements, executive agreements, employee policies and other personnel matters. Caren frequently presents seminars and training on these matters.

Caren was named a Florida Rising Star in 2010, 2011, 2012, 2013, 2014, 2015 and 2019. She also received awards as 2018 and 2021 Florida Legal Elite and was selected as one of the Best Lawyers in America every year since 2019.

Employment Law, Litigation, Unfair Competition and Trade Secrets, Wage and Hour, Multistate Advice and Counseling
Learn more about Caren S. Marlowe

Caren’s experience includes, but is not limited to the following:

Litigation – Unfair Competition and Protection of Clients’ Business Interests

Caren has obtained several injunctions enforcing restrictive covenants against clients’ former employees, including obtaining an injunction for a national technology company against its top competitor and a group of former sales executives. Caren has also defended motions for injunctive relief to protect clients’ business investments in their employees and ability to compete in the market.

Litigation – Employment

Caren has successfully defended companies in court and in front of state and federal agencies against claims of discrimination and harassment, retaliation, whistleblowing, including claims brought under the FMLA, ADA, Title VII, and state laws.

Wage and Hour

Caren has represented clients in single plaintiff and collective actions arising out of the Fair Labor Standards Act and similar state laws, achieving favorable settlements on behalf of the companies.

Advice and Counseling

On a daily basis, Caren provides advice to employers addressing workplace and human resource issues including termination, application of company policy, discipline, hiring, ADA compliance, wages and other matters. Caren works with clients to avoid litigation and to protect the employers’ interests should litigation later arise. Caren has prepared and revised employee handbooks for small and multi-state employers, drafted and revised employment agreements and restrictive covenants, and assisted with internal investigations and audits. Caren regularly provides on-site training to supervisors, management and employees regarding all areas of employment law and compliance.

Education

Admittance to Practice

Professional Activities

  • Florida Bar Association
  • Hillsborough County Bar Association (Labor and Employment Section)
  • American Bar Association (Labor and Employment Section)
  • Ocala Human Resources Management Association

Speeches

Best Lawyers Award Badge

Insights by Caren S. Marlowe

US Capitol building

Congress Takes Aim at Noncompetition Agreements

The U.S. Congress has joined a growing number of state legislatures and the Federal Trade Commission in seeking to curtail—or altogether end—the use of noncompetition agreements in the employment context. The newly introduced Workforce Mobility Act of 2023 would, for the most part, ban employers’ use of noncompete agreements.

Man talking to woman while writing on notepad, framed by justice scale on desk.

Supreme Court Justices Dissent: The Opposition to Extending Title VII’s Protections to Gay and Transgender Employees

On June 15, 2020, the Supreme Court of the United States, in a 6-3 decision, held Title VII of the Civil Rights Act of 1964’s prohibition of sex discrimination encompassed discrimination against gay and transgender individuals. Two dissents followed the majority’s opinion—Justice Samuel Alito, Jr.’s, with whom Justice Clarence Thomas joined, and Justice Brett Kavanaugh’s.

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