Florida Injury Attorney Blawg

“Chinese Overtime” is allowed under the Fair Labor Standards Act (FLSA). See Overnight Motor Transp. Co. v. Missel, 316 U.S. 572 (1942) and 29 C.F.R. Section 778.114 (2010). It only comes into play for employees paid in accordance with the fluctuating workweek method. Fluctuating workweek pay is a salary as opposed to being paid by…

For those who think that all politicians are alike, that it doesn’t matter who is elected, think again. One need only look at what happened in the Florida legislature on Friday, March 9, 2012, to debunk the notion. Tea-party darling Florida Governor Rick Scott and his right-wing Republican cohorts rammed through an anti-consumer, pro-insurance industry…

In Stuart v. Hertz Corporation, 351 So.2d 703 (Fla. 1977), the Florida Supreme Court decided that the Hertz Corporation, whose vehicle injured a woman in an accident, was liable for the injuries she sustained from medical negligence while receiving care for her original injuries, and that Hertz could not bring the doctor into the case…

When motor vehicle accidents cause serious personal injuries, it is not uncommon for PIP benefits to exhaust before all necessary medical care has been received. When health insurance carrying a large deductible is available, does the amount paid by PIP count against the deductible? The likely answer is Yes. However, the final answer depends on…

Most people do not know that many doctors who work in hospitals are not hospital employees, but independent contractors. This is not a distinction without meaning. The distinction can have significant legal consequences for the victims of medical negligence seeking to be fairly compensated for harm done, especially catastrophic damage. Generally, employers are bound by…

Prior to 1990, Florida employers had a common law qualified privilege to discuss current and former employees with prospective employers. The leading case was Nadar v. Galbreath, 462 So.2d 803 (Fla. 1984). For an employee to overcome the privilege, and thus hold the employer liable for defamation or intentional interference with a business relationship, proof…

Seamen injured on board vessels may be entitled to a wide array of economic and non-economic compensation from their employers and ship owners depending on the circumstances of each case. NO-FAULT BENEFITS Regardless of why a particular accident happens, every injured seaman is entitled to Maintenance & Cure benefits from his employer. These benefits are…

Doctor selection under the Defense Base Act and the Longshore and Harbor Workers Compensation Act (LHWCA) is crucial. It can make the difference between fairness and injustice. Through 42 U.S.C. 1651(a), the LHWCA is the substantive law for the Defense Base Act. Under the LHWCA, employers/insurance companies are required to provide injured workers with medical…

Arbitration has become the procedural remedy of choice for the business community in almost every type of civil dispute, from employment matters to nursing home negligence. Arbitration involves the resolution of civil disputes by a panel of costly private arbitrators rather than by government-paid judges and citizen jurors. If for no other reason than that…

Much was published in 2011 by The Miami Herald in its multi-part exposé, Neglected to Death – see this blog, Nursing Home/Assisted-Living Facility Negligence – Shame on Governor Scott and Florida Legislature, for links to some of the articles – with regard to the horrible conditions existing in many of Florida’s nursing homes. One of…