SUBCONTRACTOR DEFAULT INSURANCE – Kyle W. Ohlenschlaeger and Bruce E. Loren | Oct 15 2019

We recently received a few inquiries from general contractors regarding subcontractor default insurance ("SDI"), asking how it works and whether it is a viable alternative to subcontractor payment and performance bonds. There is a two-part answer. First, SDI is NOT an alternative to subcontractor payment bonds as it does not provide for any recovery if a subcontractor fails to pay its sub-subcontractors or suppliers. Second, while it may be an alternative to subcontractor performance bonds, we believe that performance bonds are, in most cases, a better product for our clients.

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Bruce Loren is the newest member of the Treasure Coast Executives Association | Oct 04 2019

Bruce Loren, Esq, partner at Loren & Kean Law, receives a plaque from Walter Millet of the Treasure Coast Executives. Plaques are customary for new members of the Treasure Coast Executives. This presentation was made on October 3rd, 2019 at their breakfast meeting.

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How Will Changes to Overtime Rules Affect Employers?Joshua B. Loren and Bruce E. Loren | Sep 30 2019

Clients often ask which employees are entitled to receive overtime pay. Starting January 1, 2020, new guidelines from the Department of Labor clarify who is and who is not an “exempt” employee. This article provides a basic overview of who is eligible for overtime and when it is required under the new guidelines.

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COMMON MISTAKES WITH ESTOPPEL LETTERSAllen Heffner and Bruce Loren | Sep 24 2019

Estoppel Letters (also called Acknowledgement or No Set-off Letters), if done properly, create binding contracts between the Factor and its Account Debtors that greatly increase the likelihood of collecting money from Account Debtors, should the need for litigation arise. However, we have recently encountered situations in which Factors made seemingly trivial mistakes that have led to disastrous results in which the Factors were essentially relying upon an ineffective Estoppel Letters. This article highlights some of those mistakes and provides lessons that can be learned from those experiences.

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May Employers Prohibit Their Employees From Bringing Guns to Work?Matthew H. Luttinger and Bruce E. Loren | Sep 24 2019

These days you cannot turn on the television without hearing news about guns. Many of our clients have asked us whether they can enact employment policies that prohibit their employees from bringing guns to work. Legislation known as the “Bring Your Guns to Work Law” (the full title of the law is the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008”) restricts the ability of employers to maintain broad policies relating to employees bringing guns to work. Under the Bring Your Guns to Work Law, an employee who lawfully possesses a firearm may keep that firearm in his or her vehicle while parked in the company’s parking lot and employers may not have a policy prohibiting such conduct. Employers may not:

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WHAT HAPPENS WHEN YOU PERFORM UNPERMITTED WORK?Kyle W. Ohlenschlaeger and Bruce E. Loren | Aug 16 2019

In our experience, the failure to obtain a building permit comes down to one of three excuses. The first is that the contractor didn’t want to deal with difficulties and intrusions from the municipality. The second excuse is that the contractor didn’t think the work required a permit. The final excuse is that the customer didn’t want to get a permit, and directed the contractor not to obtain one. These excuses can subject the contractor to significant penalties and place the contractor at a severe disadvantage when disputes arise in connection with the work.

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Is your Employee’s Leave of Absence Covered by the FMLA and/or the ADA?Matthew H. Luttinger and Bruce E. Loren | Aug 16 2019

We recently published an article on the topic of "no call, no show" employees and whether they may be protected under the FMLA (Family Medical Leave Act) or ADA (American with Disabilities Act). This article provides an overview of when the FMLA and ADA apply to an employee’s request for leave of absence.

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