Do you have to pay employees for breaks or meal times?

A majority of employers provide employees with breaks, including meal breaks.  A typical break schedule may include two 15 minute breaks: one before lunch and one after lunch and then a 30 minute or more lunch break. Is the employer …

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Posted in Employment Litigation

Florida Supreme Court Rules That Economic Loss Rule Only Applies to Product Liability Cases

On March 7, 2013, the Florida Supreme Court entered an opinion in Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., et. al., which may have altered the commercial and construction industries forever. In Tiara, the Court held that …

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Posted in Commercial Litigation

Martin County Jury Awards GCF Client $2.92 Million in Medical Negligence Case

In July of 2006, Pamela Moore was admitted to Martin Memorial Medical Center for what should have been a simple laparoscopic hysterectomy.  After the surgery, however, Mrs. Moore began experiencing  abnormal signs and symptoms including low blood pressure, high heart …

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Posted in Personal Injury Group

Limited Time Remaining to Take Advantage of IRA Charitable Rollover

The American Taxpayer Relief Act of 2012 (ATRA), which was recently signed into law on January 2, 2013, retroactively reinstates the popular IRA charitable rollover provision.  The IRA charitable rollover provision allows individuals of 70½ and older to make tax-free …

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Posted in Estate Planning & Tax Group

American Taxpayer Relief Act of 2012

In the first hours of 2013, Congress approved the American Taxpayer Relief Act of 2012 (ATRA), which establishes the first “permanent” set of estate, gift and generation-skipping transfer (GST) tax provisions in twelve years.  Many of the Bush estate tax …

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Posted in Estate Planning & Tax Group, GCF News

GCF assists the Board of the National Navy UDT-Seal Museum

Sandra G. Rennick of Gould Cooksey Fennell recently assisted the Board of Directors of the National Navy UDT-Seal Museum with the recent acquisition of the Trident House and a long-term usage agreement establishing the home as a place of rehabilitation …

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Posted in Real Property Group

Employment Policy Trap: Dress Code and Grooming Standards

Dress code and grooming standards are common in most workplaces.  Employers often have a policy that provides employees must wear appropriate attire and be properly groomed.  Such general policies often have hidden traps.  For example, is there anything wrong with …

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Posted in Employment Litigation

Employer’s Beware: Department of Labor Audits are on the Rise

The Department of Labor (“DOL”) has jurisdiction over all federal labor and employment laws and regulations, including the Fair Labor Standards Act (“FLSA”).  The FLSA is a cumbersome and often misunderstood law that sets rules for the payment of minimum …

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Posted in Employment Litigation

Managing the Underperforming Employee

Employers of all sizes will eventually have to deal with an underperforming employee.  How does an employer effectively deal with this situation before it turns into a lawsuit?  First, you must recognize the fact that you have an underperforming employee.  …

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Posted in Employment Litigation

Can a Defendant’s negligent conduct be shielded from a Jury if the Defendant admits liability, but maintains that the Plaintiff was Comparatively Negligent?

Not according to Florida’s Fourth District Court of Appeal.  In a case of first impression, the Fourth DCA considered this issue in the case of Lenhart v. Basora. In Lenhart, the Plaintiff was seriously injured in a collision which occurred …

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Posted in Personal Injury Group