Tag Archives: naples business attorney

The Importance of Enforcing Your Trademarks and Service Marks

For Florida retailers, trademarks and service marks are essential business assets. These marks help identify a business and establish its brand and reputation within the community. Once you properly establish and register a mark, you have the legal right to … Continue reading

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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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Junk Faxes May Prove Costly for Florida Dental Practice

Marketing is an essential activity for any small business. But it is important to make sure your efforts to promote the business do not land you in legal hot water. Many marketing activities are regulated by Florida and the federal … Continue reading

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Do I Need to Collect Sales Tax on Delivery Fees?

All Florida retailers need to be aware of their legal duty to collect state and local sales tax. The State of Florida imposes a general sales tax rate of six-percent. Individual counties within the state may assess their own discretionary … Continue reading

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Supreme Court May Address Religious Discrimination by Retailers

Many Florida retailers require employees to abide by a dress code. But such dress codes may conflict with federal law, which protects the religious rights of employees. An employer may not refuse a “reasonable accommodation” of an employee’s religious belief … Continue reading

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The Importance of Defining “Premises” in a Commercial Lease

Commercial leases spell out the mutual duties and responsibilities of landlords and tenants. A common feature of most commercial leases is language that indemnifies each party from potential legal liability. Commercial leases must also define the exact areas under the … Continue reading

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Tampa Arrest Highlights Danger of Debit Card Scams Targeting Retailers

Credit and debit cards are the lifeblood of many Florida retailers. But business owners must properly train their employees on how to handle declined cards lest they cost their bosses time and money. This lesson applies to large retailers just … Continue reading

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Supreme Court’s Hobby Lobby Decision Emphasizes Importance of Corporate Structure

On June 30, the United States Supreme Court issued its long awaited decision in Burwell v. Hobby Lobby Stores, Inc. The Court settled a number of lawsuits challenging Department of Health and Human Services regulations requiring employers to provide insurance … Continue reading

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Understanding “Obamacare”: What the Affordable Care Act Means for Florida Retailers

Despite reports of the federal government “shutdown” over congressional opposition to the Affordable Care Act—aka “Obamacare”—the new healthcare law still takes effect as of October 1. Florida retailers and other small businesses are understandably concerned about how the Affordable Care … Continue reading

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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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