Articles

By: Christopher L. Pope, Esq.Board Certified by The Florida Bar in Construction Law;Condominium and Planned Development Law; and Real Estate Lawwith assistance from Robert Layman and Vanessa Fernandez, Esq. The My Safe Florida Condominium Pilot Program is a hurricane mitigation inspection and grant program intended…

By: Christopher L. Pope, Esq.Board Certified by The Florida Bar in Construction Law;Condominium and Planned Development Law; and Real Estate Law,with assistance from Andre Eaton and Vanessa Fernandez, Esq. Staying informed about legislative changes is crucial in the ever-evolving landscape of laws pertaining to Florida…

By: Katherine R. English, Esq. On April 17, 2024, EPA’s Office of Enforcement and Compliance Assurances published a memorandum setting forth a new Strategic Civil-Criminal Enforcement Policy that is immediately effective.  EPA is responsible for enforcing many of the federal laws related to environmental protection,…

By: Mary Vlasak Snell, Esq. Amidst the hustle and bustle of everyday life, our clients often find themselves inundated with paperwork and correspondence following property transactions or the transfer of real property to a revocable trust. They receive an official-looking document in the mail possibly…

By: Chené Thompson, Esq., On February 15, 2024, at 11:42pm EST, a judge presiding over the case of Center for Biological Diversity et al. vs. U.S. Environmental Protection Agency, et al., issued a decision immediately vacating Florida Department of Environmental Protection’s (FDEP) programmatic biological opinion and essentially…

Property owners should be advised that Section 252.363, Florida Statutes, extends certain permits and other authorizations in counties where there is a State of Emergency (SOE) declared by the Governor because of a natural disaster. This law provides that certain development approvals are tolled for…

By: Katherine R. English, Esq. The Corporate Transparency Act (CTA), adopted in the 2021 National Defense Authorization Act as part of the Anti-Money Laundering Act, went into effect on January 1, 2024. CTA requires many business entities to report basic information regarding who owns and…

By: Alexander Menendez, Esq., In 2021, Congress passed the Corporate Transparency Act. The legislation is intended to create a database of information to assist the U.S. government’s efforts to track bad actors who hide or benefit through the use of shell companies. Companies, such as…

FORT MYERS, Fla. – On November 21, 2023, the South Florida Water Management District issued a Declaration of Water Shortage Warning for Lee and Collier Counties.  The District issued the Warning due to continuing drier than normal conditions and concerns about declining water levels.  Rainfall…

As winter approaches and a new year is just around the corner, the return of seasonal residents signals a surge in the association’s daily business activities. This guide offers invaluable tips and reminders tailored for managers and directors, both new and seasoned, empowering you to…

By: Christopher L. Pope, Esq., Board Certified by The Florida Bar in Construction Law; Condominium and Planned Development Law; Real Estate Law Staying informed about legislative changes is crucial in the ever-evolving landscape of laws pertaining to condominiums and cooperatives. The 2023 Florida legislative session…

By: Katherine R. English, Esq. On June 26, 2023, The Environmental Protection Agency and the U.S. Department of the Army (agencies) announced on EPA’s website that they are developing a rule amendment to the final “Revised Definition of ‘Waters of the United States’” rule (WOTUS),…

By: Katherine R. English, Esq. On May 25, 2023, the United States Supreme Court issued its ruling in Sackett v. Environmental Protection Agency, holding that the Clean Water Act applies only to traditional navigable water bodies (streams, rivers, lakes and oceans) and those wetlands with…

By:  Katherine R. English, Esq. The new definition of the Waters of the United States Rule (WOTUS) adopted by the US Environmental Protection Agency has been blocked from implementation in Florida.  See the Order here.  A coalition of twenty-four states, including Florida, joined by eighteen…

By:  Katherine R. English, Esq. On January 18, 2023, the Army Corps of Engineers and the United States Environmental Protection Agency published their final rule defining the scope of waters protected under the Clean Water Act in the Federal Register at 88 FR 3004.  The…

By:  Irene Kennedy Quincey, Esq. and Raychel A. Thomas, Esq. Emergency Rule allows Florida Ag Producers to Reapply Fertilizer to Damaged Areas to Reestablish Crops Impacted by Hurricane Ian.  Hurricane Ian’s impact on Florida’s agricultural industry and the resulting loss of vast perishable commodity crops…

By:  Christopher L. Pope, Esq., Christopher J. Shields, Esq., Alexander J. Menendez, Esq., and Vanessa Fernandez, Esq. The aftermath of Hurricane Ian has left many condominium and homeowners’ association communities with severe damage, many of which are uninhabitable, or, for those located on the barrier…

By:  Christopher J. Shields, Esq., Christopher L. Pope, Esq., Alexander J. Menendez, Esq., and Vanessa Fernandez, Esq. The Board has a duty to take reasonable steps to perform repairs and restore the condominium, assuming the governing documents do not require automatic termination based upon the…

By:  Vanessa Fernandez, Esq. On Friday, September 23, 2022, by Executive Order 22-218, Governor Ron DeSantis declared a state of emergency covering 24 counties, including Lee, Collier, and Charlotte County, relating to Tropical Depression Nine, aka Hurricane Ian. That order was amended Saturday, September 24,…

By:  Vanessa Fernandez, Esq. As an update to our June 7, 2022, article on the Building Safety Act, please be reminded that the deadline for Florida condominiums and cooperatives to report building information to the Division of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) is…

By: Katherine R. English, Esq. and Irene Kennedy Quincey, Esq. Compliance Officers and General Counsels are now challenged to help their companies prepare for EPA’s planned PFAS regulations as part of its effort to protect the public and the environment from a little understood, but…

By: Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. “No man’s life, liberty, or property are safe while the Legislature is in session” is a quote attributed to either Mark Twain or Gideon J. Tucker depending on who you ask.  The same now apparently applies…

By: Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. How many lawyers does it take to cut down a tree? A new bill amending Section 163.045 of the Florida Statutes recently made its way through the Florida legislature and is set to become effective July…

By:  Vanessa Fernandez, Esq. This article concerns the recent amendments to the alternative dispute resolution provisions of the Condominium Act. All references to sections and subsections of statutes in this article are to the Florida Statutes (2021). The Condominium Act requires arbitration of certain disputes…

By:  Alexander J. Menendez, Esq. It’s something that’s easy to put off. However, after being recorded for thirty (30) years, if not properly preserved, a community’s covenants or deed restrictions can be extinguished by Florida’s Marketable Record Title Act (known as “MRTA” for short).  Further,…

By: Christina Harris Schwinn, Esq. On January 12, 2022, the State of Florida’s Department of Business and Professional Regulation’s Division of Florida Condominiums, Timeshares and Mobile Homes (“Division”) issued a final order granting a Petition for Declaratory Statement (“DS”) addressing whether emails between condominium board…

By:  Dillon L. McColgan, Esq. Last month, the Third District Court of Appeal in Florida filed its opinion in K.D. Constr. of Fla., Inc. v. MDM Retail, Ltd., 2021 WL 5617447 (Fla. 3d DCA Dec. 1, 2021), addressing a significant concern facing many commercial landlords—when…

By: Christopher L. Pope, Esq., Florida Bar Board Certified Specialist in Construction Law and Condominium & Planned Development Law Because of the collapse of the Champlain Towers South in Surfside, Florida, on December 15, 2021, Freddie Mac issued Bulletin 2021-38: Temporary Condominium and Cooperative Project…

By:  Christina Harris Schwinn, Esq. Why are employers required to report newly hired (rehired) employees and independent contractors?  The obvious reason is so that the State of Florida can determine whether unemployment  taxes are being paid on the wages paid to the employees.  There is…

By:  Christina Harris Schwinn, Esq. Ever since President Biden announced last September that his administration would instruct the Occupational Safety and Health Administration (OHSA) to promulgate an emergency temporary standard (ETS) requiring employers with 100 or more employees to require their employees to be vaccinated,…

The Florida Bar RPPTL Condominium Law and Policy Life Safety Advisory Task Force published its advisory recommendations for changes to condominium law and condominium operation on October 12, 2021 in response to the Champlain Towers South collapse that took the lives of 98 individuals in…

By: Michael P. Lehnert, Esq. 2020 ushered in long awaited legal and technological advancements into the real estate market, which, by seeming happenstance, were immensely beneficial in allowing the market to cope with COVID-19’s shocking effects. Assimilation of these technological advancements into legal practice has…

By: Christopher L. Pope, Esq., Florida Bar Board Certified Specialist in both Construction law and Condominium and Planned Development Law Effective July 1, 2021, Florida condominium law now requires that the annual budget for condominium associations be proposed to unit owners and adopted at least…

Executive Order 21-150 was issued on July 3, 2021, declaring a 60-day state of emergency for Tropical Storm Elsa in certain Florida counties, including Lee, Collier and Charlotte Counties. The State of Emergency for Tropical Storm Elsa was not extended and has now expired, so…

By: Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law We often get asked by contractors, subcontractors, or materialmen whether they are also entitled to recover interest when a payment is late from the…

By: Vanessa Fernandez, Esq. and Christopher J. Shields, Esq. As you may be aware, the State of Florida is no longer under a state of emergency in response to the COVID-19 pandemic and Governor DeSantis has not given any indication that he will issue another….

State of Emergency 21-94, Extension of Executive Order 20-COVID-19, was issued on April 27, 2021 for a 60 day period. The State of Emergency for COVID-19 was not extended and has now expired, so the 90 day clock for filing for State of Emergency time…

By:  Alexander J. Menendez, Esq. You may have noticed that the world is reopening from COVID lockdown. With the proliferation of vaccines and falling infection and mortality rates, businesses and local governments are further scaling back restrictions and policies that have been the “new normal”…

By:  Christopher J. Shields, Esq. and Vanessa Fernandez, Esq. On June 16, 2021, Governor DeSantis approved the final version of Senate Bill 56: Community Association Assessment Notices (“SB 56”).[1] Accordingly, the changes provided therein will become effective on July 1, 2021. All Florida condominium associations,…

By:  Christopher L. Pope, Esq. and Vanessa Fernandez, Esq. The 2021 Florida legislative session produced several bills that made numerous changes to cooperative law (Chapter 719, Florida Statutes; the Cooperative Act) that will affect the operation of cooperatives across the State. Below is a summary…

By:  Christopher L. Pope, Esq. and Vanessa Fernandez, Esq. The 2021 Florida legislative session produced several bills that made numerous changes to cooperative law (Chapter 719, Florida Statutes; the Cooperative Act) that will affect the operation of cooperatives across the State. Below is a summary…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law The 2021 Florida legislative session produced several bills that made numerous changes to condominium law (Chapter 718, Florida Statutes; the Condominium Act) that will…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law The 2021 Florida legislative session produced several bills that made numerous changes to homeowners’ association law (Chapter 720, Florida Statutes; the Homeowners’ Association Act)…

By: Chene’ M. Thompson, Esq. As most people know, settlement is the #1 way that lawsuits get resolved. Perhaps the second most frequent way to resolve a case, in the civil context, is by a Motion for Summary Judgment. A summary judgment motion may be…

By: Eric D. Molina, Esq. On May 5, 2021, a federal district court for the District of Columbia vacated the Centers for Disease Control and Prevention’s (“CDC”) nationwide eviction moratorium, which was set to expire on June 30, 2021, after several prior extensions of the…

By: Vanessa Fernandez, Esq. -and-Christopher J. Shields, Esq., Board Certified by the Florida Bar in both Real Estate Law andCondominium and Planned Development Law Executive Order 21-81:        On April 2, 2021 Governor DeSantis signed Executive Order 21-81 which dealt with vaccination documentation to be effective…

By: Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law andCondominium and Planned Development Law-and-Christopher J. Shields, Esq., Board Certified by the Florida Bar in both Real Estate Law andCondominium and Planned Development Law Barely a week ago, on April…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law Under Florida’s Construction Lien Law (Chapter 713, Florida Statutes), a contractor or supplier only has 90 days from the last day they furnished labor…

By: Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law Most condominium Declarations require the unit owners to maintain, repair, and replace the windows to their unit (except when damage is caused by an…

Employment Law Attorney Christina Schwinn guest authored an article in the April 2021 edition of Southwest Florida Business Today covering new employment eligibility requirements that went into effect January 1, 2021 in the state of Florida. These requirements are in addition to federal mandates to…

By: Christopher J. Shields, Esq., Board Certified by the Florida Bar in both Real Estate and Condominium and Planned Development Law and Vanessa Fernandez, Esq. On Monday, March 29, 2021, Governor Ron DeSantis signed a bill into law that among other things, establishes liability protections…

By: Christina Harris Schwinn, Esq. A recent appellate court case from the Fifth Circuit Court Appeals[1] is a stark reminder that employers are ultimately responsible for ensuring that nonexempt employees accurately record all time worked and are fully compensated for all hours worked regardless of…

By:  Christopher L. Pope, Esq., Board Certified by the Florida Bar in both Construction Law and Condominium and Planned Development Law The governing documents of condominium associations, which include the Declaration of Condominium, the Articles of Incorporation, the Bylaws, and any Rules and Regulations, are…

One of the requirements under the Families First Coronavirus Response Act (“FFCRA”) is that all employers are required to post the notice that is linked to this email.  While there has been some confusion regarding the effective date in the media, employment law attorneys are…

By: Christopher J. Shields, Esq. & Vanessa Fernandez, Esq. Many of our Association clients are reaching out to our office on a daily basis to determine what to do next in light of the recent outbreak of COVID-19 in the State of Florida. As the…

The United States Department of Labor was on a mission in 2019 to publish two important—need to know—final rules under the Fair Labor Standards Act (“FLSA”): 1) minimum salary for salary exempt employees; and 2) a clearer definition of Regular Rate of Pay (hourly pay…

On June 28, 2019, Governor Ron DeSantis signed House Bill 7103 which went into effect immediately. The bill contains a number of amendments relating to land use and comprehensive plan requirements, including requirements that local governments must review applications for permits within specified time frames,…

“It’s Alive!” In Rose Mary Knick’s family graveyard the U.S. Supreme Court breathes new life into the once popular 42 USC §1983 claim for regulatory takings violations by local governments. “[N]or shall private property be taken for public use, without just compensation.” The Fifth Amendment’s…

Maybe.  It all depends on the project supervisor’s duties.  As a matter of background, the U.S. Department of Labor (“DOL”) issued an opinion letter in 2009 on this very topic under the Fair Labor Standards Act (“FLSA”), but withdrew it shortly thereafter stating the DOL…

Chapter 2018-88, Laws of Florida, authorized the Department of Environmental Protection to assume responsibility for the dredge and fill permitting program established under Section 404 of the Clean Water Act. The Department has begun rulemaking and is currently holding public workshops to present the draft…

Business Observer – March 9, 2018 Read the full article: “Hell Bound”    

What does PAID Stand for? Payroll Audit Independent Determination. What is the PAID Program’s purpose? This pilot program is intended to test the efficiency of a self-reporting program to correct wage hour violations discovered by an employer and to create a mechanism whereby the employer…

In January of this year, the U.S. Department of Labor (“DOL”) updated its standard for determining when an intern qualifies as an intern or is actually an employee. This new standard provides for a new flexible standard that is consistent with numerous court rulings over…

If your business employs workers who were granted work authorizations under President Obama’s Deferred Action for Childhood Arrivals (“DACA”), read on.  On September 5, 2017, President Trump issued an executive order that sunsets the DACA program in six months unless Congress acts to pass a…

House Bill 1021 prohibits local governments from adopting or enforcing regulations that conflict with corporate trademarks, logos, color patterns, or branding of business activities related to gas stations or other franchises. That means that some commercial franchises or gas stations may be able to show…

Why Conduct a Wage Hour Audit? Simply put, to identify whether your business has improperly classified any employee as being exempt under the Fair Labor Standards Act of 1938’s (“FLSA”) provisions regarding the payment of overtime.  In 2016 alone, the U.S. Department of Labor collected…

The United states House of Representatives recently passed the Working Families Flexibility Act of 2017 (“Proposed Act”). For the first time in the history of the Fair Labor Standards Act of 1938 (“FLSA”) if the Proposed Act becomes law, a private sector employer… Click here…

When a small group of shareholders owning an equal percentage of a company’s stock cannot agree upon the future direction or operation of the business, a deadlock can arise amongst them. Many local and small, family-owned businesses in Florida operate as closely held corporations, or…

Many business owners or officers are required to sign contracts for goods, services, or other necessary utilities for the operation of their businesses. At times, the business may face a dispute with a vendor, landlord, lender, or other creditor regarding payment under the contracts. Click…

“It is undeniable that our youth must develop an understanding of financial and business principles in order to be successful in life,” says Attorney Christina Harris Schwinn.  Click here to read her full article.   Published in The News-Press Date:  April 11, 2017

Perhaps you and a trusted colleague have finally decided to act on your long awaited dreams to manufacture and sell a new revolutionary product. Excited at the possibilities of your new business, you and your colleague hurriedly pool your money together and begin buying equipment,…

In every transaction involving the sale and purchase of an asset, an agreed upon price is typically the key component in reaching a deal. Often lost in the course of negotiations is the concept of “price vs value”.  Click here to read the full article.

The DOL finally issued its final rule governing overtime pay. Among other things, the final rule increases the minimum annual salary for an exempt employee to $47,476 per year from $23,660. The final rule is effective December 1, 2016 unless enjoined or overturned by Congress. …

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”) creating a new cause of action that may be filed in federal court for misappropriation (theft) of trade secrets.  Two of the key federal remedies available under this…

Florida Supreme Court Rules Section 440.34, Florida Workers’ Compensation Statute is unconstitutional both the Florida and the United States Constitutions.  Attorney’s Fees Section 440.34 of Florida’s workers’ compensation statute is the provision that governs the payment of attorney’s fees in connection with workers’ compensation cases…

In an article published by the Southwest Florida Business Today titled “Is your business prepared for changes to Minimum Salary Test?”  Christina Harris Schwinn discusses the steps to prepare business owners  for these changes. Click here to read the full article.

The U.S. Department of Housing and Urban Development (“HUD”) recently issued a memorandum titled: “Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions.” HUD bans use of criminal records…

On January 20, 2016, the United States Department of Labor’s Administrator, David Weil, issued his first Administrative Interpretation (“AI”) of 2016. The AI addresses the liability for overtime violations under the Fair Labor Standards Act (“FLSA”) in joint employment relationships that exist in a variety…

We all need help from another at some point in our lives. Ask yourself how many times someone was there to help you along the way or lift your spirits on a bad day. Read the full article at: newspress.com

October 2015 Court Connection newsletter published by the Bankruptcy court for the Middle District of Florida Article written by:   Cynthia Burnette, Assistant US Trustee for the Tampa and Fort Myers Division of the District Read Article……..

For the full story click here.

In an article published by the Southwest Florida Business Today titled “Employee or independent contractor? – The ‘economic realities’ test (Part 1 of 2), Christina Harris Schwinn discusses the economic realities test and an overview of the Administrator’s Interpretation No. 2015-01. Click here to read…

June 2 was special day for Frank Pavese, the 91-year-old retired founder of Pavese Law Firm. Lee County Commissioners proclaimed that day “Frank A. Pavese Sr. Day,” to honor the long-time attorney for his contributions to the region. – See more at: http://www.businessobserverfl.com/section/detail/law-firm-founder-honored/#sthash.YqElfAEy.dpuf June 2…

If permission is granted by one Board member, is the Association legally stopped from enforcing its governing documents? In Curci Village Condominium Association, Inc. v. Santa Maria, 14 So. 3d 1175 (Fla. 4th DCA, June 17, 2009), an Owner in a homeowners association verbally asked…

Author:  Christina Harris Schwinn, Esq. Published in: Northeastern University Law Journal, Vol. 6 No. 2, 411-434 Recent Developments Deprive Employees of Their Rightful Overtime Compensation under the FSLA.  Read More…

Update as of October 4, 2011, The NLRA’s new rule was supposed to take effect on November 14, 2011, but has been postponed until January 31, 2012, and it applies to a wide variety of private sector employees, but not all. August 25, 2011, the…

Amendment 4 was originally proposed in 2003, during the height of Florida’s development boom and strongest economy in decades.  It was designed to slow growth or stop it completely by requiring that every amendment to local comprehensive plans would be put to a vote of…

Date Published: 2009-06-01 Author: Christopher J. Shields Article Download: Summer 2009 Community Newsletter Part 1 – VOL. 20 NO. 8 – JUNE 2009 Legislative Update

Effective July 1, 2011, the Florida Legislature enacted amendments to Chapter 443 of the Florida Statutes governing unemployment compensation benefits and taxes.  Prior to the July 1, 2011 amendment, many employers complained about an employee being able to receive unemployment benefits even though the employee…

Will the New Revised Florida LLC Law Impact How You or Your Company Operate as an LLC? To view the full article click here.

An article on overtime compensation authored by Partner, Christina Harris Schwinn has been published in the Northeastern University Law Journal. The article was adopted from Schwinn’s thesis for the Employment Law LL. M. Program at Atlanta’s John Marshall Law School. The article titled, “Half-Time or…

The National Labor Relations Board (“NLRB”) oversees the enforcement of the National Labor Relations Act (“NLRA”) and is authorized to promulgate rules enforcing the NLRA.  As a matter of background, the NLRA is the federal law that protects an employee’s right, among other rights, to…

Date Published: 2010-04-01 Author: Christina Harris Schwinn On April 1, 2010, the U.S. Department of Labor (“DOL”) issued a press release in which it announced a new DOL website. The website – www.dol.gov/wecanhelp/ — is part and parcel of the DOL’s public outreach and education…

Date Published: 2007-05-01 Author: Christina Harris Schwinn Over the last 30 plus years, many of us have witnessed major technological advances that many of the younger generation take for granted (of course, those of us who remember the advent of the fax machine remember our…

On March 21, 2012, the United States Supreme Court issued a unanimous opinion holding that a United States Environmental Protection Agency compliance order is final agency action for which no other adequate remedy exists except Administrative Procedures Act review and that the Clean Water Act…

Date Published: 2012-03-01 Author: Christina Harris Schwinn Depending on your perspective, social media can either be a drain on productivity or a great promotional opportunity for businesses.  Either way, social media has made its way into the workplace.  While being valuable new tools of the…

Increasingly, many condominium associations are forced to deal with the issue of unit owners who are being foreclosed upon by their lenders, and who are delinquent in the payment of  assessments to the association. In most cases, any lien that the association may have on the…

A short provision contained in House Bill 7019, signed into law by Governor Scott on June 14th, may give permit holders another chance to obtain an automatic two year extension of their permits and approvals. As in past “automatic” extensions, it requires a written request…

The Florida Legislature again provided for an automatic two-year extension of certain local government development orders or building permits and for certain permits issued by the Florida Department of Environmental Protection or a water management district. This becomes especially important to consider in light of…

“Prescriptive pets” are a growing concern plaguing condominium associations. Boards are often forced to decide whether or not to pursue arbitration in order to require the removal of the pet in light of threatened discrimination claims by the unit owner. In Karanda Village VII Condominium…

In the past year, a number of our clients have sought our advice after having been contacted by various companies offering creative options to for the collection of delinquent account.Often, these companies offer to forward fund a substantial portion of the unpaid assessments, with a…

In Killeen v. S.B. Club Condominium Association, Inc., Case No. 2008-06-4403, Summary Final Order (March 6, 2009), the Unit Owner purchased his unit shortly before the Association sent a letter to all unit owners advising that it would begin to strictly enforce provision of the Declaration…

TWO OF THE MORE THAN 2,000 BILLS expected to be considered by the 2014 Florida Legislature could impact the way businesses hire employees. Designed to give potential employees with not-so-stellar criminal and credit backgrounds a better chance of scoring a first interview or getting the…

At a recent California community association forum, a friendly professional disagreement arose over a manager’s contention that individual board members can’t act on anything because individually they have no standing to act. He insists individual board members can act only when they comprise a board,…

In a September 2012 HOAleader.com article, we discussed state laws and offered tips for proceeding when nobody runs for the board. One of our Florida experts noted that under Florida laws governing HOAs, the problem solves itself because board members serve until their replacement is selected. Florida laws…

Small business owners are awash in employment law changes for 2014 and some local professionals are offering their expertise to help people find their way. Christina Harris Schwinn, partner in the Pavese Law Firm, and David C. Raimey, managing member of Leading Edge Benefit Advisors,…

Now is not the time for business complacency. The 2014 Legislative Session is approaching, and there’s a slew of state and federal bills that could impact Southwest Florida employers. With debates ranging from workplace bullying to social media privacy and minimum wage, experts said it’s…

Maronda Homes, Inc. v. Lakeview Reserve Home Owners Assn. 2013 WL 3466814 (Fla. July 11, 2013) The Lakeview Reserve HOA sued Maronda Homes, Inc., developer of the Lakeview Reserve residential subdivision in Orange County, due to drainage systems that failed to operate properly causing flooding, erosion,…

Written by: Christina Harris Schwinn Many businesses in Florida use confidentiality, noncompete and nonsolicitation agreements to protect their confidential information and customer relationships.  Of the three types of restrictive agreements, a confidentiality agreement is the least restrictive, the noncompete agreement is the most restrictive, and…

On March 13, 2012, a federal judge rejected a request by the litigants suing the National Labor Relations Board (“NLRB”) to block implementation of the NLRB’s Right to Know Rule and Poster.  Unless the NLRB voluntarily postpones the implementation date, most private sector employers need…

Written by: Christina Harris Schwinn The United States Department of Labor’s Occupational Safety & Health Administration (“OSHA”) [the agency charged with enforcement of the Occupational Safety and Health Act of 1970 (“OSH Act”)[1]] recently launched a new website targeted towards providing information to employers about…

School is out for the summer and high school students (many of whom are under the age of 18) are “pounding the pavement” and looking for the perfect summer job. For the purposes of the Fair Labor Standards Act (“Act”), the federal law that governs…

Effective July 1, 2011, the Florida Legislature enacted amendments to Chapter 443 of the Florida Statutes governing unemployment compensation benefits and taxes.  Prior to the July 1, 2011 amendment, many employers complained about an employee being able to receive unemployment benefits even though the employee…

Date Published: 2008-08-01 Author: Christina Harris Schwinn The Florida Legislature meets each year generally beginning on the first Monday of March and concludes 60 days thereafter. The bills that were passed by both houses of the Legislature are then forwarded to the Governor’s office for action. The…

Date Published: 2011-05-01 Author: Christina Harris Schwinn Last month’s article featured Part I of II – Making Good Hiring Decisions in Good Times and Bad Times.  This month, Part II of II will discuss effective interviewing skills. Effective interviewing skills can be developed if proper attention…

Date Published: 2011-04-01 Author: Christina Harris Schwinn There is no question about the fact that hiring the right employee for your company can be a daunting and time consuming process.  Unfortunately, many employers fail to recognize the overall benefit of having good hiring procedures in…

Date Published: 2007-04-01 Author: Christina Harris Schwinn This article is focused on the private sector, not government employers. Florida is an employer-friendly state.  Unlike some other states, Florida is a right-to-work state and many of the laws that are in place favor the employer, not…

Date Published: 2008-12-01 Author: Christina Harris Schwinn This month’s column will provide the answers to the questions presented in last month’s column in the Wage and Hour Quiz.  The questions have been repeated for the reader’s convenience. 1)    If I pay an employee a salary,…

Date Published: 2010-11-01 Author: Christina Harris Schwinn There are two major pieces of legislation pending in Congress that employers should be aware of as both bills would significantly impact the classification of independent contractors and the tests that are applied for the purposes of determining…

Date Published: 2011-04-26 Author: Christina Harris Schwinn OSHA’S Fall Protection Directive Affects Residential Construction Contractors To the chagrin of the National Roofing Contractors Association, the U.S. Court of Appeals for the Seventh Circuit rejected its challenge to the Occupational Safety and Health Administration’s (“OSHA”) December…

Date Published: 2010-04-01 Author: Christina Harris Schwinn Picking up where we left off last month, this second installment of this article on workplace conflict will focus on practical tips and things to consider when endeavoring to correct or discipline an employee’s inappropriate behavior, conduct or…

Date Published: 2010-02-26 Author: Christina Harris Schwinn Conflict in the workplace is an inevitability that we all deal with on a fairly regular basis. Whether you view conflicts in the workplace as a challenge or an annoyance will depend on your perspective. Encountering difficult people–or…

Date Published: 2010-10-01 Author: Christina Harris Schwinn During tough economic times it is tempting to pay people under the table. Why? To save money. By paying people under the table the employer avoids paying workers’ compensation insurance premiums, the employer’s portion of the social security…

Date Published: 2010-08-01 Author: Christina Harris Schwinn The Patient Protection and Affordable Care Act amends Section 7 of the Fair Labor Standards Act (“FLSA Amendment”) and requires certain employers to provide mandated breaks to mothers who are nursing during the first year after the birth…

Date Published: 2009-06-30 Author: Christina Harris Schwinn When the Americans With Disabilities Act of 1990 (effective 1992) passed, Congress intended the Act to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” and “to provide broad coverage in…