Monthly Archives: February 2020
Who Pays the Attorneys’ Fees? Understanding the ‘American Rule’
If you are considering bringing a lawsuit or if your company is being sued, it is normal to be worried about the possible cost of litigation. You may be wondering: Can I get the other party to pay my attorneys’ fees and legal costs? The answer is “it depends”—though it is certainly possible in… Read More »
Florida Hospital Will Pay More Than $107,000 to Settle Unpaid Overtime Claim
On February 5th, 2020, the United States Department of Labor (DOL) announced that a North Florida hospital has agreed to pay more than $107,000 in financial compensation to resolve an unpaid overtime claim. The legal action was brought on behalf of several dozen employees who were improperly denied overtime pay in violation of the… Read More »
How Does Arbitration Work in Business Litigation in Florida?
Many businesses choose to include arbitration clauses when signing a contract with other parties. Arbitration is a private process in which disputing parties agree that an arbitrator can settle their dispute after hearing arguments and reviewing evidence. Unlike in mediation, the neutral arbitrator in arbitration has the authority to make decisions about the dispute…. Read More »
Tips for Attorneys to Avoid Fee Disputes and Legal Malpractice Claims
Attorneys collect fees for their work performed. This is a standard part of practicing law. However, when attorney fees exceed their client’s expectations, the lawyer may be accused of legal malpractice, and a fee dispute may follow. Luckily, there are ways to avoid a fee dispute and shield oneself from the negative consequences of… Read More »
Can Negative Online Reviews Trigger Business Litigation for Defamation?
In the era of e-Commerce and Yelp, online reviews have a tremendous impact on a business. An influx of positive ratings and reviews on the Internet attracts new customers or clients, and vice versa, bad online reviews with low ratings can repel potential clients. If all reviews on the Internet were truthful and real,… Read More »
Jaywalking Doesn’t Exist in Florida
Many people may be surprised to learn that “jaywalking” is not an actual legal term. Florida, in fact, has no “jaywalking” laws. The word doesn’t even exist in any of the Florida statutes. So where did this odd term even come from? In the early twentieth century, “Jay” was pejorative slang for someone from the… Read More »
Valentine’s Day: How to Avoid a DUI
What’s the first thing you think about on Valentine’s Day? After roses and heart-shaped boxes of chocolate, I’m sure you’re thinking of wining & dining, maybe some champagne? We may not think of Valentine’s day as a boozy holiday, but the fact is, it is. Although it ranks below New Year’s Eve, Thanksgiving and… Read More »
Unpaid Overtime Claims in Florida: What are Liquidated Damages Under the FLSA?
Nonexempt employees who are covered by the Fair Labor Standards Act (FLSA) are entitled to overtime pay—1.5x their standard hourly wage—for each hour worked beyond 40 in a given week. Full and fair overtime wages should be issued without delay. Generally, this means including overtime pay as part of an employee’s regular paycheck. When… Read More »
NHL’s Florida Panthers Sued for Alleged “Spam Text Message” Marketing
According to reporting from Bloomberg Law, the National Hockey League’s Florida Panthers are being sued over alleged violations of the Telephone Consumer Protection Act of 1991 (TCPA). In bringing a class action lawsuit, two plaintiffs contend that they have received unsolicited, illegal spam text messages from the team after providing their phone numbers for… Read More »
EEOC Data: The Five Most Common Types of Discrimination Claims in 2019
On January 24th, 2020, the Equal Employment Opportunity Commission (EEOC) released comprehensive data on the discrimination claims that were filed in the fiscal year (FY) 2019. In total, 72,675 workplace discrimination charges were brought before the agency. Notably, 5,990 of the workplace discrimination claims originated out of Florida—a slight decrease when compared to the… Read More »
