Catgeories: Employment Law,

                Can you be denied a job based on your weight? Do you have to provide accommodations for overweight employees? The answer to the question of can I be denied a job because of my weight, just like the question of do I have to accommodate an overweight employee, depends on what jurisdiction you are in. In Maine, New Hampshire, Massachusetts, and Rhode Island, the answer is that obesity is covered under the ADA. An employer in those states must accommodate an overweight employee under the ADA. However, in Vermont, New York, New...
Catgeories: Employment Law,

Can a Church fire me for having a disability, do churches need to follow the Civil Rights Act or Title VII of that act, does a church have to follow the ADA, does a church have to pay minimum wage and overtime (The Fair Labor Standards Act, FLSA), or can a church discriminate based on sex, are just a few of the interesting questions I get as a labor lawyer. Whether a religious institution must comply with Federal Labor Laws is a complex question, which I will try to bring some clarity to. There is no simple yes, or no,...
Catgeories: FirmNews,

A Florida appellate court has overruled an order issued by the former Miami-Dade judge now serving as South Florida’s top prosecutor. The Third District Court of Appeal ruled on Wednesday that U.S. Attorney for the Southern District of Florida Ariana Fajardo Orshan erred in issuing a contempt order against Robert Orban during her time as a Miami-Dade Circuit judge. Orban, the respondent in dissolution of marriage proceedings with his ex-wife Susan Rorrer, submitted an appeal after Fajardo held him in contempt for failing to make timely payments on outstanding attorney fees. The appellate panel reversed and remanded Fajardo’s order, finding...
Catgeories: Cannabis Law, Uncategorized,

If a recent decision of the Florida First District Court of Appeal (Florida Department of Health, Office of Medical Marijuana Use, et al. v. Florigrown, LLC, et al., No. 1D18-4471) is upheld, there likely will be significant restructuring of the medical marijuana industry in the State. The cause of this uncertainty lies in the Florida Legislature’s choice of one conjunction, “and” instead of “or”. Florigrown reviewed Florida’s scheme for regulating the medical marijuana industry through the development of a limited number of licensed “medical marijuana treatment centers” (“MMTC”). In 2016, Florida voters approved an amendment to the Florida Constitution legalizing...
Catgeories: Cannabis Law,

Catgeories: FirmNews, Health Law, Medical Malpractice Defense,

On June 25, 2019 the Governor of Florida approved SB 732, a new statute modifying the rules related to office surgery and surgical centers. The question many bare doctors in Florida are asking is whether SB 732 requires doctors working at surgical centers to carry malpractice insurance. The answer is no it does not. While the new statute does require all MDs and Dos who work at surgical centers to maintain “financial responsibility”, it makes no changes to the existing definition or requirements of “financial responsibility.” Thus, there really is no change at all. According to SB 732, “As a...
Catgeories: Cannabis Law, Marijuana Law,

It appears the days of unregulated CBD-based products are nearing an end. On July 22, 2019 the Food and Drug Administration (“FDA”) sent a Warning Letter to a major producer and distributor of CBD in Florida and elsewhere. The FDA reviewed the company’s web site, which accepted orders for various CBD-infused products. The FDA concluded that the CBD products were “unapproved new drugs sold in violation of” various provisions of the Food and Drug Act (“Act”). Further, the agency concluded that the company’s CBD products were misbranded under the Act. The company’s CBD tinctures for pets also were determined to...
Catgeories: Health Care, Health Law,

NBC 6 Responds has heard from consumers frustrated over medical bill disputes. In some cases, they have owed thousands of dollars more than expected. Experts say there are steps to take if you find yourself with a surprise bill you can’t pay. Original Story Courtsey of NBC Miami Channel 6 News
Catgeories: Health Care, Medical Malpractice Defense,

  The Centers for Medicare and Medicaid Services (“CMS”) recently published a Final Rule modifying this agency’s arbitration requirements for SNFs and nursing facilities (collectively, “Facilities”) that participate in the Medicare or Medicaid program. 84 C.F.R. 34,718 (July 18, 2019). Previously, on October 4, 2016, CMS published a Final Rule addressing the use of arbitration to resolve disputes between Facilities and their residents, or their family members or other guardians (collectively, “Residents”). 42 C.F.R. 483.70(n) (“483.70(n)”) The October 4 Final Rule stated: “A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident’s representative...
Catgeories: Employment Law, Marijuana Law,

The ADA Does Not Give an Employee the Right to use Medicinal Marijuana. Even the 14 States that Protect Employees do not Protect All Employees, Nor Give Blanket Rights to Use Medicinal Marijuana, Such as Still Banning Use at the Workplace. Recent Shifts in Law, and Trends in Law have Favored Employees Being Able to Use Medicinal Marijuana. The ADA Does Not Give an Employee the Right to use Medicinal Marijuana. Now that all but four states have Medical Marijuana, Recreational Marijuana, or CBD/THC Low Dose Use, Laws, a common question I get from employers is “can I fire an...