Do Florida employers have to pay employees for unused vacation time at termination? Maybe … it depends.Bruce E. Loren, Esq. and Michael G. St. Jacques, Esq. | Aug 20 2018

Clients regularly ask what happens to vacation time when employees resign or are terminated from their employment. What if the employee resigned without providing any notice, are they still entitled to payment of PTO? It depends on the “deal” entered into by the employer and employee (and the state). Keep in mind that this article only applies to Florida law. Employers doing business in multiple states must confirm the individual laws of each state.

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EXEMPTIONS TO CONTRACTOR LICENSINGBruce E. Loren, Esq. and Kyle W. Ohlenschlaeger, Esq. | Aug 11 2018

Unlicensed contractors can often be found on construction projects. Owners will hire unlicensed contractors to obtain a reduced price, which is sometimes more important at the beginning of a project than quality of the work. This creates problems for owners when the unlicensed contractor doesn’t have proper insurance or fails to correct defective work. This also creates issues for licensed contractors, who have to compete with unlicensed contractors that do not bear the same overhead costs of compliance with licensure requirements.

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THE UNIQUE RISKS OF FACTORING CONSTRUCTION RECEIVABLESBruce E. Loren, Esq. and Allen J. Heffner, Esq. | Aug 10 2018

Generally, factoring construction receivables involves more risk that traditional factoring. However, there are many advantages to factor in this niche market, such as the additional security to Factors provided by lien and bond rights, and the possible reimbursement of attorneys’ fees and costs from Account Debtors. To be successful in this market, Factors must master technical knowledge of the construction industry and perform additional and continuous due diligence of its Client. If the Factor is willing to take these extra steps, it can be a great time to factor construction receivables.

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Continuous Background Checks on Employees: What Employers Need to KnowBruce E. Loren, Esq. | Jul 28 1918

Most employers only conduct background checks on their employees before hiring them. However, recently some of our clients have asked about the merits of an evolving practice called ‘Continuous or Periodic Screening,’ which involves performing periodic background checks on current employees to identify potential problems that may occur post hiring. Employers should consider a number of factors to determine if their Continuous or Periodic Screening procedure is worthwhile and legally compliant.

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BEST PRACTICES – TIME AND MATERIALSBruce E. Loren, Esq. and Kyle W. Ohlenschlaeger, Esq. | Jul 08 2018

Contractors and owners can both benefit from time and materials contracts. Owners understand that they are only paying for the work actually performed and, for the contractor, it eliminates the risk of underpricing a job. However, many time and materials contracts contain too many assumptions, which may result in the owner and contractor having vastly different ideas of what they are getting themselves into. Time and materials contracts also place additional recordkeeping burdens on the contractor that are not typically present in fixed-price contracts. This article features some best practices for drafting a time and materials contract and maintaining proper records during the course of or after the project.

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Are Supervisors on Construction Projects Entitled to Overtime?Bruce E. Loren, Esq. | Jul 08 2018

Site supervisors are crucial to successful completion of projects and often work long hours to accomplish their tasks. Because supervisors often work more than 40 hours a week, contractors should be aware that the Federal Fair Labor Standards Act (FLSA) requires the payment of overtime wages to these employees UNLESS they qualify for an exemption. The key question is whether the supervisor is an “exempt” or a “non-exempt” employee.

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Does Your Construction Contract Address Hurricane Preparation?Bruce E. Loren, Esq. and Michael St. Jacques, Esq. | Jul 02 2018

It’s summer in South Florida and the National Hurricane Center issues a tropical storm warning for Palm Beach County. A local general contractor (GC) was having a good year (until the warning was issued) building a number of new homes. The GC is obviously concerned that tropical storm force winds (or greater) will turn unsecured construction materials and debris into dangerous projectiles. At the time the warning is issued, five of the GC’s projects have roofs preloaded with roofing tile. Now what?

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