Labor

January 9, 2018

BANKRUPTCY’S FRESH START

For small businesses, just as for individuals, bankruptcy should dispose of all disputes with their creditors.  A discharge under Chapter 7 or confirmation of a payment […]
December 21, 2017

WHAT TO MY WONDERING EYES SHOULD APPEAR…

… but a massive, enormous, extravagant Christmas lights display on what used to be a quiet residential corner. In an era when enterprising people organize paying […]
October 26, 2017

HOW TO PROTECT YOUR LLC’S CORPORATE VEIL

Limited liability is the cornerstone of modern, corporate free enterprise.  It means the entrepreneur puts no more of their personal fortune at risk than they invest […]
October 17, 2017

A NEW TWIST TO AN OLD QUESTION ABOUT NON-COMPETES

The purpose of non-compete agreements, paradoxically, is to allow competition (there is a right to work and compete), all while preventing unfair competition by protecting employers’ Legitimate Business […]
August 17, 2017

FIRE THEM! OR CAN YOU?

In the wake of the events in Charlottesville, a question came up in the business community.  Can you fire someone for being a white supremacist? The […]
August 4, 2017

THE SCOURGE OF PROFESSIONAL PLAINTIFFS

The ADA is a noble law, and not just for bleeding-heart types of reasons. Certainly, it is primarily motivated by the emotional desire to see those […]
August 3, 2017

BUT WE’RE FAMILY!

We’re all family.  We all get along.  So we don’t need to pay a lawyer to prepare all kinds of paperwork for our family business. Right? […]
July 25, 2017

YOU’RE ON JURY DUTY. NOW WHAT?

If you have been selected for jury duty, a New York Times headline might have grabbed your attention.  It said that “Jury Secrecy Doesn’t Apply if […]
July 19, 2017

DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality […]
February 10, 2017

DOWN IN THE TRENCHES

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but […]
January 31, 2017

CHOOSE YOUR REGISTERED AGENT CAREFULLY

For businesses, the first quarter of each year brings a number of fiscal and legal obligations.  A business must, for instance, file its Annual Report with […]
January 24, 2017

HOW THE YEAR ENDED

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules […]
June 22, 2015

CLEAR AS MUD

From the early days of the Republic, it has been the province of the Judiciary – that is, ultimately, of the Supreme Court – to say […]
October 7, 2014

BUSINESSES GROWING UP

Knowing how much to pay your employees should be simple: hourly workers are paid time and a half for hours worked over 40; salaried employees are […]
September 23, 2014

THE NLRA’S INCREASING REACH

Even small, non-union businesses in right-to-work states need to pay attention to the National Labor Relations Act (the NLRA).  While that law is primarily concerned with […]
May 2, 2014

LEAVES LABYRINTH, PART II

It has been some time since we first pointed out the maze of laws that govern to whom employers must grant leaves of absence, when, and […]
March 18, 2014

ABOARD SHIP

Federal law tends to treat employees of airlines and railroads, and those working aboard ships, differently than others.  And so, who is a seaman and who […]
February 27, 2014

EXCEPTION TO THE EXCEPTION

Companies of a certain size are subject to the Fair Labor Standards Act and must pay overtime to most employees who work more than 40 hours […]
July 11, 2013

NOT KNOWING WHICH WAY TO TURN

Employers may be forgiven for scratching their head when trying to figure out whether they may be liable for an employee’s alleged unlawful discrimination.  The state […]
July 8, 2013

AFTER THE DELUGE

The Supreme Court’s decisions on same-sex marriage have generated a deluge of commentary by many people on both sides of the issue.  Long after the rhetoric […]
June 28, 2013

UNIONS’ SHADOWS

The National Labor Relations Act is typically thought to apply only to relationships between unions and corporations.  (It also imposes a duty on unions to deal […]