Which Car Insurance Companies to Avoid Insurance is big business; especially in South Florida. Obviously, there are no non-profit car insurance companies; however, some car insurance companies are more worried about profiting than providing quality service to their customers. There are several insurance companies in South Florida where this is especially true. People must be…
The Ticktin Minute January 8, 2018 – Can an Employer Pay an Employee Less if they have a Disability?
Can an Employer Pay an Employee Less if they have a Disability? The short answer to this question is that an employer cannot pay a disabled employee less than an employee without a disability, with certain very specific exceptions. Salary and benefits should be based on the position and quality of work such employee produces….
January 2, 2018
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The Ticktin Law Minute January 1, 2018 – Identifying Who is Protected by the Americans with Disabilities Act (“ADA”)
Identifying Who is Protected by the Americans with Disabilities Act (“ADA”) Having a disability alone is not enough to qualify for protection under the Americans with Disabilities Act (“ADA”). A person with a disability must be able and qualified to perform the essential functions of the job that they are applying for (or hired for)…
December 18, 2017
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The Ticktin Minute December 18, 2017 – Reasonable Accommodations Pursuant to The Americans with Disabilities Act
Reasonable Accommodations Pursuant to The Americans with Disabilities Act The Americans with Disabilities Act (“ADA”) of 1990 is a regulation that makes it unlawful to discriminate in employment against a qualified individual with a disability. Qualified individuals with disabilities must be given reasonable accommodations, access to transportation and telecommunications. Generally, organizations with less than fifteen…
December 12, 2017
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The Ticktin Minute December 11, 2017 – Good Faith Bargaining Requirement (Unions)
Good Faith Bargaining Requirement (Unions) When an individual is hired for certain job position and at that job, the workers participate in a Union, then that individual may be required to follow certain formalities, including but not limited to: joining said Union, paying Union fees and engaging in collective bargaining. The National Labor Relations Board…
December 5, 2017
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The Ticktin Law Minute December 4, 2017 – Collective Bargaining
Collective Bargaining Once a Union is formed, the Union members participate in what is called collective bargaining. Collective bargaining involves a negotiation with the employer regarding certain working conditions such as wages, vacation time, insurance, hours of work, subcontracting, relocation and/or other working conditions. Some topics of negotiation may not be mandatory, however, there will…
The Ticktin Minute October 30, 2017 – Independent Contractor vs. Employee (Financial Factors)
Independent Contractor vs. Employee (Financial Factors) Employment Law Understanding the difference between an employee and an independent contractor is extremely important in the understanding relative rights in employment law. There are three (3) sets of factors that assist in determining whether an individual is an employee or independent contractor: (1) Behavioral; (2) Financial; and (3)…
October 24, 2017
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The Ticktin Minute October 23, 2017 – Independent Contractor vs. Employee (Behavioral Factors)
Independent Contractor vs. Employee (Behavioral Factors) One of the cornerstones of employment law is determining whether an individual is providing an employer with services as an employee or an independent contractor. There are three sets of factors that are analyzed to determine whether an individual is an employee or independent contractor: (1) Behavioral; (2) Financial;…
September 25, 2017
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The Ticktin Minute September 25, 2017 – Employee Rights During the Hiring Process
Employee Rights During the Hiring Process Most individuals know that employees have many rights in the workplace, but not many individuals know that prospective employees also have certain employee rights during the interview process. For instance, one major employee right a prospective employee has during the hiring process is to not be discriminated against. This…
July 31, 2017
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The Ticktin Minute July 31, 2017 – The Beginning of the Foreclosure Process: The Answer to the Foreclosure Complaint and Summons
The Beginning of the Foreclosure Process: The Answer to the Foreclosure Complaint and Summons A foreclosed home is a home that belongs to a bank pursuant to a court order. In Florida, the foreclosure must be a judicial one (rather than pursuant to a power of sale). The banks are not allowed to include power…