PRINT ARTICLE 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
PRINT ARTICLE 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
PRINT ARTICLE 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
PRINT ARTICLE 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
PRINT ARTICLE 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,
PRINT ARTICLE 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
PRINT ARTICLE 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
PRINT ARTICLE 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
PRINT ARTICLE 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
PRINT ARTICLE 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