Disability Related Questions during the Job Application ProcessMatthew H. Luttinger and Bruce E. Loren | Jun 21 2019

Employers often ask what questions are improper to ask during the job application process relating to disabilities or medical conditions. This article provides a short explanation of the Americans with Disabilities Act (“ADA”) and how to approach an applicant’s disability during the application process.

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PRESERVING YOUR CLAIMS FOR DEFECTIVE WORKKyle W. Ohlenschlaeger and Bruce E. Loren | Jun 14 2019

When defective work on a construction project is discovered, owners and general contractors’ first reaction is usually to repair the work as quickly as possible. However, it is just as important that you preserve your claims against the contractor (or subcontractor) that performed the alleged defective work. Most important, before taking any corrective action, the contractor that performed the defective work should be notified and given an opportunity to inspect, and potentially, given an opportunity to repair.

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NOTICES OF ASSIGNMENT - MINOR MISTAKES LEAD TO BIG TROUBLESAllen J. Heffner and Bruce E. Loren | Jun 14 2019

The Notice of Assignment is the single most important document for a Factor. The Notice of Assignment protects the Factor in the event that a payment is sent to the Client – or other third parties – instead of to the Factor. Whether a Notice of Assignment complies certain statutory requirements can mean the difference between a Factor getting paid or not.

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Florida's New Law on Assignment of BenefitsMatthew H. Luttinger and Bruce E. Loren | May 01 2019

Florida Governor Ron Desantis recently announced the he would sign legislation to reform the assignment of benefits ("AOB") statute, establishing several new sections of the statute. This new reform would go into effect on July 1, 2019. Here, we highlight some of the most notable changes and additions.

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THE PROGRESSIVE DISCIPLINARY PROCESS AND WRITTEN WARNINGSMatt Luttinger and Bruce E. Loren | Apr 24 2019

Employers often contemplate the best way to improve and prevent a reoccurrence of unwanted employee behavior and performance issues. It is helpful to have a progressive program in place to help mitigate such issues and also to prevent litigation. Here, we discuss an overview of the progressive disciplinary process with an emphasis on how to create an effective written warning.

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ANOTHER BURDENSOME WORKER’S COMPENSATION ISSUE FOR GCs – THE CASE OF SUBCONTRACTORS WITH EMPLOYEE LEASING AGREEMENTSKyle W. Ohlenschlaeger and Bruce E. Loren | Apr 24 2019

For general contractors, keeping up with requirements for statutory employees and worker’s compensation issues on the jobsite is demanding. Section 440, Florida Statutes, and the related administrative rules are an endless quagmire the general contractor must navigate in hopes that they are not penalized by the state. We recently came across one of these oppressive rules relating to subcontractors that use employee leasing companies.

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REEFER MADNESS...FOR FACTORSAllen J. Heffner and Bruce E. Loren | Apr 22 2019

No, not the 1936 propaganda film. This article focuses on the burgeoning and uncertain landscape involving financing the growing cannabis industry and whether Factors can carve a space out for themselves.

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