Category Archives: Business Litigation

You can get Sued because you take certain Precautionary Measures in light of #MeToo

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
– Continue Reading

Florida Legislature Considers Bill To Require All Non-Provider Owned Practices To Become Licensed.

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
– Continue Reading

Immigration and Customs Enforcement (ICE) Arrests Are Up Over 700% in 2018, If You Employed Illegal Workers You Need a Good Federal Employment Attorney on Call Now More than Ever

Hiring illegal immigrants exposes your business to serious liability issues that could end in Federal Charges, but at a minimum result in hefty fines and a shutdown of your business for a period. ICE has had a record year with more than 6,848 investigations in 2018, compared to 1,691 investigations in 2017, this is an over 400% increase. ICE plans, on increasing the number of investigations in 2019. In 2017 1,360 companies were audited for I-9 compliance, compared to 5,981
– Continue Reading

THE SECRET TO APPEARING PRO HAC VICE IN THE SOUTHERN DISTRICT OF FLORIDA

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
– Continue Reading

GAINING THE ADVANTAGE HANDLING FRIVOLOUS LAWSUITS

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
– Continue Reading

Strict Time Keeping Rules Are the Only Way to Protect Against Fair Labor Standards Act (FLSA) Lawsuits

  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
– Continue Reading

A Well Drafted Employee Arbitration Agreement Is Essential to Avoiding Costly Lawsuits

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.
– Continue Reading

There are Complex Rules as to How to Pay Nannies and Housekeepers

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
– Continue Reading

Accommodating an Employee is Not Always Required Under the ADA and Other Federal Regulations

On Tuesday a Federal Court in New Jersey ruled that the Port Authority would not be subject to a lawsuit for discrimination based on their failure to accommodate a Jewish employee’s request not to work on the Sabbath and Jewish Holidays. This does not mean that employers are free to ignore an employee who asks for accommodations. Religious accommodations have different requirements based on what type of employer you are. Private employers face cases based on an employee’s religion infrequently
– Continue Reading