Articles

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: Christina Harris Schwinn, Esq, LLM Determining whether an individual is an employee or an independent contractor under federal and state law requires more than a written agreement designating the individual as an independent contractor.  The tests for determining who can qualify as an independent…

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. Effective as of November 16, 2021, OSHA announced that it will suspend implementation of its emergency temporary standard (ETS) on mandatory COVID vaccine/testing requirements that it issued on November 4, 2021.  This announcement follows the entry of an order by…

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…

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….

By: Christopher L. Pope, Esq., Florida Bar Board Certified Specialist in Construction Law and Condominium & Planned Development Law We receive many questions as to whether individuals are eligible to run and serve on the Board of Directors of their condominium associations. This article will…

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., 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: Christina Harris Schwinn, Esq. 2020 will be remembered, most notably, for the COVID 19 pandemic (“COVID”) and the total upheaval of home and work life as we knew both before COVID.  Since COVID became an unfortunate reality of life, clients call me—almost daily—asking whether…

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…

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…

Gulfshore Business – March 2018 Read the full article:  “Mentoring our Future Leaders”

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…

The only reason there is so much focus on this issue is because as each day goes by, more and more women are coming forward about their own experiences with sexual harassment and making allegations against powerful and prominent men.  These women are getting plenty…

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…

Christina Harris Schwinn will participate in a panel discussion on emerging issues in employee misclassification on March 22 at Northeastern University School of Law in Boston. Click here to view the full article.    

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…

by CHRISTINA HARRIS SCHWINNGuest columnist On April 26, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued its updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §…

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…

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…

The Occupational Safety and Health Act (“Act”) requires employers to provide employees with a workplace that is safe from recognized hazards.  The type of industry determines what an employer must do to comply with the Act.  Construction industry employers should be very familiar with the…

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…

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…

Date Published: 2010-09-01 Author: Christina Harris Schwinn The Occupational Safety and Health Act (“Act”) requires employers to provide employees with a workplace that is safe from recognized hazards.  The type of industry determines what an employer must do to comply with the Act.  Construction industry…

Written by: Christina Harris Schwinn Private sector employers often believe that because their workforces are not unionized that they do not have to be concerned about the National Labor Relations Board’s (“NLRB”) activities or compliance with the National Labor Relations Act (“NLRA”).  Wrong.  Generally speaking,…

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…

Wednesday, June 13, 2012 – 4:00pm – 6:00pm The distinction between whether an individual is classified as an employee or an independent contractor can affect business owners in a variety of ways, including how employers withhold a variety of taxes. Misclassification of an individual may result in a…

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: 2011-03-01 Author: Christina Harris Schwinn The Equal Employment Opportunity Commission (“EEOC”) recently reported that the number of charges filed under the discrimination statutes that it is charged with enforcing during its fiscal year 2010 reached the highest level in its history with 99,922…

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…