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...
Catgeories: Health Law, Uncategorized,

DISRUPTIVE PATIENTS- What to do? A physician, who is a client of the firm, recently asked for our assistance in dealing with a new patient who already had disrupted the practice. Because of the disruption caused by this patient during their first encounter with the practice, the physician decided they did not want to run the risk of taking on this patient and having them further disrupt the practice. The physician reached out to us at the time the patient arrived for their initial appointment. I recommended that, because the patient was already at the office, the physician should do...
Catgeories: Data Security & Privacy, FirmNews, Health Law, New Legislation,

The sort answer to the question of whether websites have to comply with the ADA is yes. If the business has a physical location visited by the public, the website that establishes the online presence of the brick and mortar business must comply with the ADA. That is the short answer, and it is the conclusion that one can draw from seeing how successful cases against companies in Florida have been, and how prevalent they have been, in recent history, as described in this article, https://www.jdsupra.com/legalnews/the-current-landscape-of-website-18986/ but that I will also explain below. The long answer is that the 11th...
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...