Catgeories: Employment Law, FirmNews, Prices,

The right to overtime under the Fair Labor Standards Act (FLSA) cannot be given up in an employment contract, or agreed between the employer and employee not to apply. In hundreds of FLSA cases I have been involved in, one of the most common things employers are sued for is coming up with ways to pay their employees more, but that do not pay them overtime at one-and-one half times their regular hourly rate. Often times these employers tell me that the employee gladly signed a contract to be paid that way because it meant more money. A contract to...
Catgeories: Business Litigation, Business Transactions, Commercial Litigation, Construction Litigation, FirmNews,

The Southern District of Florida is, arguably, the best place in the country to litigate Federal Claims. However, attorneys appearing pro hac vice often underestimate the importance of the choice of local counsel they associate. Worse, many attorneys appearing pro hac vice in the Southern District of Florida rely on the reputation of a firm, or its size, in determining who to associate as local counsel, neither of these factors are relevant, the attorney, not the firm, is the important thing in the Southern District of Florida. While it is easy to associate the wrong local counsel, it is a...
Catgeories: Business Litigation, Commercial Litigation, Construction Litigation, FirmNews, New Legislation, Uncategorized,

The cost of doing business successfully today, is that lawsuits are bound to happen, and many of them will be frivolous lawsuits. Routinely frivolous lawsuits are pursued by attorneys who know that even a frivolous lawsuit can be successful against companies who know it is cheaper to pay a settlement than spend years paying attorneys to wind through state court systems. There is a way to fight back, using a trick that puts frivolous lawsuit filers into waters they do not want to swim in, and may not be able to handle. If you are a company with corporate registration...
Catgeories: Uncategorized,

The word disability has a very broad meaning under the ADA, and conditions you would not think are disabilities can lead to costly lawsuits if an employer does not have a policy to properly handle ADA Accommodation requests by employees. Believe it or not, an appellate court has held an employer liable for not allowing an employee with a sleep disorder to show up to work late every day. However, not all accommodations are required. The most important thing for an employer to do when faced with an ADA Accommodation request is to follow the right process and procedure, but...
Catgeories: Uncategorized,

The cost of doing business successfully today, is that lawsuits are bound to happen, and many of them will be frivolous lawsuits. Routinely frivolous lawsuits are pursued by attorneys who know that even a frivolous lawsuit can be successful against companies who know it is cheaper to pay a settlement than spend years paying attorneys to wind through state court systems. There is a way to fight back, using a trick that puts frivolous lawsuit filers into waters they do not want to swim in, and may not be able to handle. If you are a company with corporate registration...
Catgeories: Employment Law, New Legislation,

The word disability has a very broad meaning under the ADA, and conditions you would not think are disabilities can lead to costly lawsuits if an employer does not have a policy to properly handle ADA Accommodation requests by employees. Believe it or not, an appellate court has held an employer liable for not allowing an employee with a sleep disorder to show up to work late every day. However, not all accommodations are required. The most important thing for an employer to do when faced with an ADA Accommodation request is to follow the right process and procedure, but...
Catgeories: Business Litigation, Commercial Litigation, Employment Law,

  Often times employers have time records that show they paid an employee correctly, however, even with those records many employers lose Fair Labor Standards Act (FLSA) lawsuits. This is because while these businesses have a time clock, and pay their employees based on the hours that the time clock produces, they fail to have policies that eliminate the possibility of employees alleging that they worked off of the clock. Implementing proper procedures as to when your employee's clock in and out, and what they must do after clocking out, is essential to avoiding liability in an FLSA suit, because...
Catgeories: Business Litigation, Commercial Litigation, Employment Law,

FLSA Lawsuits can cost employers significant amounts of money, both in defense costs and paying claims, however, there is a way to avoid these costly lawsuits. A well drafted arbitration agreement that covers actions brought under the Fair Labor Standards Act (FLSA), and other state/federal laws, is essential to avoiding several kinds of lawsuits. An arbitration agreement is an agreement that your employees sign which obligates them to bring their issues to an arbitrator you select, rather than to court. Employees who represent Plaintiffs in FLSA, and other, cases, rarely wish to pursue any action that involves arbitration, because it...
Catgeories: Uncategorized,

Title VII prevents an employer from discriminating on the basis of religion against employees, and applicants for employment. In order not to discriminate an employer must be willing to offer religious accommodations in some, but not all cases. A religious accommodation is an exception to a rule, procedure, job requirement, or standard, because an employee’s, or applicant’s, religious beliefs are violated by one of these workplace requirements. An example of a workplace accommodation is allowing a Muslim woman to wear a hijab, despite having policies against hats and other head coverings. When a religious accommodation would impose an unfair burden...
Catgeories: Business Litigation, Commercial Litigation, Employment Law,

Your nanny or housekeeper may feel like family but housekeepers and nannies the families that serve all the time, and these lawsuits can get far more expensive than other lawsuits brought by employees because of the number of hours involved. There are very specific rules as to how nannies and housekeepers are paid, and often they sue when their employers part ways with them, even after ten years, or more, in the home. Defending against lawsuits brought under the Fair Labor Standards Act (FLSA) I run into cases all the time when in which a nanny was with a family...