Monthly Archives: August 2013

Federal Appeals Court Reinstates Overtime Lawsuit Against Florida Motel Owner

The Fair Labor Standards Act (FLSA) requires certain employers to pay employees time-and-a-half for overtime—that is, hours worked in excess of 40 per week. If the employer fails to pay the required overtime, the FLSA allows the employee to sue … Continue reading

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Miami Magistrate Rejects MTV Star’s T-Shirt Lawsuit Against Abercrombie & Fitch

What’s in a nickname? Michael Sorrentino, a television personality best known for his appearances on the MTV reality series “Jersey Shore,” claims a federal trademark for his self-described nickname. “The Situation.” This led Sorrentino and his company, MPS Entertainment, LLC, … Continue reading

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Florida Appeals Court Restricts Plaintiff’s Fishing Expedition In “Slip and Fall” Case

Lawsuits are costly even when a business is ultimately not at fault. The discovery process alone imposes substantial costs, which are magnified tenfold when the defendant is a small business that does not have access to an army of litigators. … Continue reading

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Federal Government Cracks Down on Employers Who Use Criminal Background Checks

Can you ask a job applicant if he or she has a criminal background? Yes, but you’ll need to tread carefully, otherwise your Florida business may risk a federal lawsuit. The Equal Employment Opportunity Commission, the agency charged with enforcing … Continue reading

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Florida Appeals Court Clarifies Store’s Liability for “Obvious” Hazards

“Slip and fall” accidents are something every Florida retailer fears, especially when they lead to lawsuits. Under Florida law, a premises owner may avoid liability for certain types of dangerous conditions that are an “obvious danger” to any reasonably observant … Continue reading

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