The legal name of a business is the corporate name typically. If you have a corporation such as IBM Inc., that’s its legal name. It may do business in other name, which are called fictitious names, but the legal name is typically the corporate name, or if it’s a partnership, the partnership name.
Continue reading ›The Fair Labor Standards Act is a federal statute that governs payment of wages. It prohibits, for example, certain types of child labor, it requires the payment of overtime wages in certain circumstances and it requires the payment of minimum wages in certain circumstances. It also has a separate provision about employment discrimination based on…
Continue reading ›The main difference between an independent contractor and employee, is an employee is controlled by an employer and obtains certain benefits that an independent contractor doesn’t obtain. For example, the employee is going to be paid by the hour or salary, maybe provided health insurance, maybe provided vacation time or benefits and other items that…
Continue reading ›Fraudulent inducement is a business tort and that involves a dishonest or fraudulent intent to lure somebody into a contract through some means of misrepresentation. The person ends up entering the contract based on false statements. They were basically lied to and that’s how they procured their promise in accordance with that contract. Having a…
Continue reading ›Detriment to reliance is when somebody has made a statement that would have a reasonable expectation that the person who obtained the information or received the statement relied on it and they relied on it in a manner where they took measures and incurred expense or they incurred some hardship on reliance on this other…
Continue reading ›Overtime, it’s considered to mean that you worked more than 40 hours in a week. If you’re entitled to overtime pay, that means the employer has to pay the employee one half times the normal hourly rate for those hours that above 40 hours in a week.
Continue reading ›Under Florida law and in many states, there is an obligation of a duty of loyalty by the employee to the employer. That means the employee cannot do acts that would be harmful to the interest of the employer. An example would be an employee who starts a competing business while still working for the…
Continue reading ›There are different types of whistle blowers but the main type of whistle blower is somebody who has objected to or refused to participate in an unlawful practice of the employer. By doing that the employee has done something that he is protected from so that the employer cannot get back at him through some…
Continue reading ›A trade secret is something that derives independent value because it’s not generally known. An employer wants to ensure that this trade secret is kept secret from its competitors, because it gets a competitive advantage by having this trade secret. An employee’s obligations are not to divulge that trade secret or to let it be…
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