Scene of an Auto Accident

What Should I Share with an Insurance Adjuster After an Accident?

Wondering What to Tell the At-Fault Party’s Insurance company?   As personal injury attorneys, we deal with insurance adjusters regularly. We understand that adjusters work hard to get you to settle for as little compensation as possible. Some of their tactics involve offering quick compensation if you agree to a small settlement, trying to get…

A Clock going Overtime

Am I Entitled to Overtime Pay?

Most employees in Florida and Alabama are entitled to at least the federal minimum wage and “time and one-half” overtime pay for all hours worked beyond the 40 hour work week, but there are some exceptions. Section 13(a)(1) of the Fair Labor Standards Act (FLSA) grants exemption from both minimum wage and overtime pay for employees that…

An unsigned prenuptial with wedding rings on it.

Should I Sign a Prenuptial Agreement?

As family law and divorce attorneys, we are routinely questioned about the enforceability of Prenuptial Agreements and Marital Settlement Agreements in Florida. We always counsel our clients about the seriousness of these agreements, and the fact that you may be “stuck with” what you agree. While there are situations when these agreements can be set…

Florida’s Workers’ Comp Law’s Refusal to Protect Employees

As personal injury and workers’ compensation attorneys, we are often asked whether an employee can recover damages from their negligent employer for acts which cause injury to the employee.  Clients are often surprised by the explanation of the law and are upset at the law’s unfairness.  This blog is intended to explain the history and…

Working While Applying for Social Security Disability

Many of our Social Security Disability (SSD) clients are faced with severe financial difficulty when they can’t work due to their disability.  When they are on the brink of losing everything or being kicked out of their home, they ask if they can try to return to work and whether it will hurt their claim for Social Security Disability benefits. We…

Loan Officers Entitled to Overtime Pay

SCOTUS: Mortgage Loan Officers Entitled to Overtime Pay

Under the Fair Labor and Standards Act (FLSA) Mortgage Loan Officers Entitled to Unpaid Overtime Pay The U.S. Supreme Court recently upheld an Administrator’s Opinion issued by the Department of Labor stating that “typical” mortgage-loan officers are not covered by the “administrative exemption” to the Fair Labor Standards Act (FLSA), and thus would be entitled to…

Misclassified Employee Law

Am I an Employee or Independent Contractor?

Misclassification of Employees as Contractors and the FLSA Many employers believe that they can save money by hiring a worker and call them an “independent contractor”, thus saving significant money on payroll taxes and workers’ compensation expenses. While in theory this may be a good money saving technique, in the long run, it could cost…

Family Medical Leave Act – What is it, and Do I Qualify?

By J.J. Talbott and Brad Larsen The Family Medical Leave Act (FMLA) is a federal law that provides certain employees job protection and unpaid leave for a “serious medical condition” (personal or family).   Often, employers do not understand their responsibilities under the law, or purposefully take action to prevent an employee from exercising their rights…

US Court of Appeals: Home Care Workers Deserve Overtime Pay Under FLSA

  On Friday, the US Court of Appeals for the DC Circuit issued an Order in the case of Home Care Association of America, et al v. David Weil; (No. 1:14-cv-00967, U.S. District Court of Appeals DC Circuit (August 21,2015)),  upholding a home care worker’s right to receive overtime pay and the minimum wage under…

What Should I do after an Automobile Accident?

With over 250,000 automobile accidents per year in the State of Florida, it is very likely that you will be involved in car wreck some time in your life.  These accidents typically happen due to careless drivers who operate their vehicle negligently on the streets and highways of Florida, putting you and your family at…