Tag Archives: florida business attorney

Understanding the Fiduciary Duties of Consignment Shops

Many Florida retailers sell goods on consignment. Florida law defines consignment as “accepting for sale…secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party.” Under … Continue reading

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Why “Patented” Is Not a Word to Use Casually in Retail Marketing

Many Florida retailers use puffery in their advertising to highlight the unique qualities of their products. Much of this is perfectly legal and harmless, but retailers must always stay aware of legal restrictions on certain words, phrases, and terms. One … Continue reading

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Tax Court Finds Retailer Liable for Improper Accounting of Customer Loyalty Program

Retailers commonly offer discounts, either through coupons or “customer loyalty” programs, in order to attract repeat business. If your Florida small business chooses to offer such discounts, it is important to be aware of the potential tax and accounting implications. … Continue reading

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Who Is (and Is Not) an “Employee”?

Although small business owners may think of themselves as “self-employed,” they are not necessarily employees of their own business. The term “employee” is commonly used in federal and state laws governing businesses, including the Americans with Disabilities Act (ADA) and … Continue reading

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How Tipping Employees Affects the Minimum Wage

British Columbia restaurateur David Jones recently made news when he announced his newest restaurant would have a “no tipping policy,” in what is believed to be a first for Canada. Jones plans to pay his servers a fixed percentage of … Continue reading

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Federal Appeals Court Rejects Copyright on Retail Lighting Designs

Florida retailers need to be mindful of how intellectual property affects their business. Intellectual property encompasses trademarks—the brand names used to identify retailers and merchandise—as well as patents and copyrights. You might think copyrights are only an issue when dealing … Continue reading

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Appeals Court Rejects Overtime Lawsuit by “Outside Sales Employee”

The federal Fair Labor Standards Act (FLSA) generally requires Florida retailers and other employers to pay overtime wages to any “employee” who works more than 40 hours per week. There are several exemptions to this overtime rule, including one for … Continue reading

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Woman Injured in Bar Brawl Wins New Trial Against Restaurant Owner

According to the Florida Supreme Court, a bar or restaurant owner must make a “reasonable effort to maintain order among his patrons, employees, or those who come upon the premises.” The owner may be liable for any on-premises injuries suffered … Continue reading

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Florida Appeals Court Upholds $800,000 Award to Miami Deli Destroyed by Landlord Negligence

Commercial leasing is a critical issue for Florida retailers. When commercial landlords fail to fulfill their obligations under a lease, the leasing business may lose thousands of dollars in sales or even go out of business. That’s why it’s always … Continue reading

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Federal Appeals Court Unleashes “Serial Litigator” on Florida Small Businesses

Joe Houston has filed more than 270 lawsuits against Florida businesses. Houston, who is disabled and confined to a wheelchair, has made a career out of suing small businesses over alleged violations of the Americans with Disabilities Act (ADA). As … Continue reading

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