Catgeories: Business Litigation, Business Transactions,

One of the most difficult things for an employer to do is decide how to respond to the #MeToo movement. It is a difficult thing to know what to do to react to the movement as an employer. On one hand you do not want to worry about a lawsuit, on the other hand you do not want to go overboard and turn your workplace into a miserable place to work because of militaristic over regulation of employee behavior. What is happening often in response to the #MeToo movement and can be just as dangerous as a #MeToo Claim, for...
Catgeories: Health Care, Health Law, Hospital,

As you may be aware, during its 2019 session the Florida Legislature passed a substantial revision to the State’s regulations concerning certain in-office surgical procedures. The new revision, SB 732 (the “Act”), amends 456.074, F.S. and adds 458.328 and 459.0139, F.S. (for allopathic and osteopathic physicians, respectively). Under the Act, certain liposuction procedures, Level II, and Level III office surgeries performed in a physician’s office that has registered with the Department of Health (an “Office”), unless the facility is in an acute care hospital or licensed abortion clinic. Among other things, the Statute also requires: Each Office must designate a...
Catgeories: Estate/Probate, Probate,

This article was originally published in June 2002 by Kristen M. Lynch for The Florida Bar Journal. The original article can be found here: source On October 1, 2001, Florida’s new elective share statute, new F.S. §732.2035(7), became effective. To most, this would not seem to be an event of utmost significance, but to those of us dealing in the world of IRA administration every day, this means change. Historically, IRAs and qualified plans have not been subject to probate administration in Florida. As such, they have not fallen under the jurisdiction of the personal representative other than for purposes...
Catgeories: Estate/Probate, Probate, Uncategorized,

This article was originally published in August 2004 by Kristen M. Lynch for The Florida Bar Journal. The original article can be found here: source Individual retirement accounts (IRAs) are most often thought of as tax-deferred accounts that the government conjured up in the 1980s to encourage Americans to save for retirement. With almost $10 trillion in tax-deferred retirement accounts, $2.5 trillion of which is estimated to be held in IRAs, they have become an estate and tax planning force to be reckoned with.1 According to the Employee Benefits Research Institute, over 90 percent of all households in America have...
Catgeories: Estate/Probate, FirmNews, Probate,

This article was originally published in December 2005 by Kristen M. Lynch for The Florida Bar Journal. The original article can be found here: source Individual Retirement Accounts are tax-deferred accounts that, if handled properly, can be an effective vehicle for retirement and can be passed on to a surviving spouse or other heirs while retaining the deferral of income tax. The new IRA rules enacted a few years ago provide post-mortem planning opportunities in an area that previously had little flexibility. To take full advantage of these new opportunities, IRA owners and their professional consultants must pay special attention...
Catgeories: Health Law, Managed Care,

Every Florida physician who serves as the primary care provider (“PCP”) for some or all of his or her patients should consider whether to become a “Qualified Ordering Physician” (“QOP”), with the ability to authorize Qualified Patients (“QP”) to receive medical marijuana (“cannabis”). Physicians in a number of specialties (i.e., pain management and oncology) are recognizing the value of cannabis for treating their QPs’ medical issues and are becoming QOPs. The number of Floridians who are QPs and using cannabis continues to grow exponentially. According to the Office of Medical Marijuana Use (“OMMU”), one year ago, on March 16, 2018,...
Catgeories: Employment Law,

Often times employees receive different pay depending on the job they are doing. This creates a legally complex situation when it comes to paying overtime to these employees and doing so in compliance with the Fair Labor Standards Act (FLSA). If the employee worked at two different pay rates, then which pay rate is the overtime calculated based upon? The answer is not simple, in some cases a blended rate may be appropriate, however, courts, including a recent decision by the Fourth Circuit, have been skeptical of blended overtime rates. Blended overtime rates are acceptable, in some situations, but those...
Catgeories: Employment Law,

For about thirty years the Fair Labor Standards Act (FLSA) Rule has been that a tipped employee who receives less pay per-hour, because they are a tipped employee, must spend 80% of their time at work doing activities that are tip generating. This means 80% of the employees, time had to be spent on tasks directly related to serving the customer, thereby directly generating tips. Hence, napkin folding, “opening the restaurant,” and other tasks would need to be kept to less than 20% of a tipped employee’s time at work. In November of 2018 the Department of Labor rolled back...
Catgeories: Business Litigation, Health Care, Health Law,

Under the Florida Health Care Clinic Act, most health care clinics not owned by a licensed physician or practitioner must apply for a license with the Agency For Health Care Administration (AHCA). The licensing process can be quite onerous and requires background checks of owners and certain employees, financial requirements, and inspections. Because the law was a result of investigations into personal injury clinics, a quirk in the language of the law made it possible for health care clinics that did not submit claims to either insurance or government payers to avoid the licensure requirement. There are many such practices...
Catgeories: FirmNews, Health Law, Personal Counsel,

To our physician clients and friends: We want to let you know about a phony DEA agent scam that was attempted on one of our physician clients the other day.  Our client texted one of our partners, advising that he was on the phone with a person who represented herself as a DEA agent, who was calling to inform the physician that his license was going to be immediately suspended and he was going to be arrested.  We were able to instantly conference into the call with the “DEA agent” and physician.  The “DEA agent” identified herself with a DEA...