Tag Archives: florida business lawyer

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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What Constitutes a “Serious Health Condition” Under the Family and Medical Leave Act?

In 1993, Congress adopted the Family and Medical Leave Act (FMLA). This law requires retailers and other businesses with 50 or more employees to grant certain employees up to 12 weeks of unpaid leave during a 12-month period in order … 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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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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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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