Florida Business Litigation Lawyer Blog

An oral agreement is usually binding but not always. Florida has a statute of frauds so certain types of contracts are not binding unless they’re in writing and signed by the party against whom it’s charged. For example, selling a house or a piece of real property requires a written agreement. It has to be…

There are several alternatives to going to court. The most common sense way is to either directly try to resolve it with the other party, or have the party’s attorneys discuss it with each other. Other means of resolution are mediation, that’s a very common method, and also, arbitration. Both are alternatives that have some…

If an employee is pregnant, the employee still can be fired. The law prohibits the employer from treating the employee worse than any other employee, so if the employee does not do a good job and happens to be pregnant, the employee still can be terminated, and it still would be lawful. Pregnancy does not…

There is no general limit for an employer to tell an employee how many hours to work. Now, there are exceptions. Certain industries have legal requirements that an employee cannot work beyond a certain number of hours for public safety reasons, and in those situations, the employer is limited as to the number of hours…

The EOC resolves discrimination charges by investigating the charges so when the charge of discrimination is filed by an employee the employer is contacted by the EOC for a response. The employer will provide a written response including documentation. These responses typically will include what happened with this employee, what occurred, perhaps employment reviews that…

Most employees file charges of discrimination by contacting the EEOC, the Equal Employment Opportunity Commission. They will be given a form and they will complete a form, and they will meet with somebody at the agency to assist in completed that form.

Overtime hours are calculated based on the person’s hourly rate and anything above 40 they’re supposed to be getting a halftime premium. For example, if the hourly rate is $10 an hour and the person works five extra hours above 40 hours a week, they’re supposed to be paid an extra $5 for those extra…

Business disputes are handled as any other kind of lawsuit. It’s either going to be handled through negotiation, through a court process and litigation or through arbitration. Typically, business disputes should always have efforts to try to settle the cases and reach some kind of common ground. Sometimes a lawsuit will need to be filed…

Workers who receive tips also do require the payment of minimum wage. If you’re a tipped employee there are sometimes what’s called a tipped credit, which means that the poor employee can be paid a sub-minimum wage. A wage that’s less than a normal minimum wage because the employee is obtaining tips.

Some managers have to be paid overtime, some do not; it depends on their duties. To be exempt as an executive, which some managers are exempt from the overtime wage requirements of the Fair Labor Standards Act, there have to be certain duties met, as well as the person has to be paid on a…