Monthly Archives: September 2020
Maryland Man Sentenced to One Year in Jail for Violating Capacity Restrictions in March
In what appears to be one of the most severe sentences related to Covid-19 in the country, a Maryland man was sentenced to one year in jail for holding two large parties that violated the state’s order against gatherings of more than 10 people. In late March, when capacity restrictions at the beginning of… Read More »
Is Your Arbitration Clause Enforceable?
Whether an arbitration clause works in your favor or works against you, largely depends on who you are, and what side of the lawsuit you’re on—the party suing or the party being sued. Either way, you may look at a contract or agreement and wonder if an arbitration agreement is enforceable. What is Arbitration?… Read More »
Don’t Get in Trouble Because of an Employment Retaliation Claim
Many employers are knowledgeable to some extent about Florida’s discrimination laws. Smart employers have developed policies and procedures, including reporting procedures, so that harassment problems, or problems related to the disabled not receiving the accessibility they deserve, can be quickly addressed. State and Federal Retaliation Laws But many employers (or employees) are not aware… Read More »
Understanding Florida’s Civil Theft Laws
Theft is a crime. Most people know that. What most people don’t know, is that there can also be a civil suit for theft, and that theft in the civil courts doesn’t always require that a crime be committed. As long as there is an intent to deprive someone else of property, there can… Read More »
FLSA Claim: South Florida Construction Company Pays Nearly $125,000 in Back Wages
On September 3rd, 2020, the Department of Labor (DOL) announced that a South Florida construction company will provide $124,075 in back wages to nearly two dozen employees. The settlement came after allegations that the firm violated wage and hour provisions of the Fair Labor Standards Act (FLSA) and federal prevailing wage regulations. Here, our… Read More »
Infant Killed in Tragic Rollover Accident in Broward County
According to a report from CBS 4 Miami, a one-year-old child was killed and six other people were injured in a tragic rollover accident in Broward County. A spokesperson for the Broward Sheriff’s Office told reporters that the rollover accident involved one vehicle, a Nissan Frontier truck. It occurred around 4:30 in the afternoon… Read More »
Who is Liable for a Student Athlete’s Injury in Florida?
Youth sports are popular in Florida. The National Federation of State High School Associations (NFSH) reports that 308,173 high school students participated in a team or individual sport in the state in the 2018-2019 academic year. As beneficial as joining a team can be for a student, there are also some risks. Injuries and… Read More »
Understanding Minimum Wage for Tipped Employees
You may be aware that with some exceptions, employees generally must be paid minimum wage (and then extra for any overtime the employee worked). The Fair Labor Standards Act (FLSA) allows an employee who has not been paid the proper amount, to sue for significant damages against an employer who shorts the employee pay…. Read More »
Despite Getting the Green Light to Open, Bars in South Florida Remain Closed
It’s official: Bars in Florida are now allowed to open at an indoor capacity limit of 50 percent, according to Florida Department of Business and Professional Regulation Secretary Halsey Beshears. At the direction of Gov. Ron DeSantis, Florida’s top business regulator, Beshears, issued an emergency order rescinding a previous order that halted the sale… Read More »
Drafting Enforceable “Hold Harmless” Clauses and Contracts
Hold harmless provisions in agreements are becoming more and more common. Whether in a business transaction, in trying to mitigate risk of a lawsuit, or in trying to avoid getting sued for injury or damage, hold harmless or exculpatory clauses can be helpful to your business—if they are drafted properly. Business Exculpatory Clauses Like… Read More »
