Dog Bites and Products Liability: Strict Liability Laws in Florida

Strict liability is a body of tort laws within personal injury that allows the imposition of liability on a party without the requirement to prove fault, negligence or intention. The claimant only needs to prove that the tort occurred and that the defendant was responsible. In Florida, there are two categories of injuries that follow…

Snowbirds to blame for auto accidents?

Snowbirds to blame for auto accidents? Every year, during the months of October through April, the warm South Florida climate provides refuge for snowbirds. But as people head south for winter, there’s one thing we can be sure of: more auto accidents. According to figures from the Florida Department of Highway Safety and Motor Vehicles,…

The Ticktin Minute March 5, 2018 – Explanation of the “Right to Work” with Regard to Labor Unions

Explanation of the “Right to Work” with Regard to Labor Unions The right to work means that employees must be allowed to work in unionized workplaces, without joining the associated unions or paying regular union dues. Right to work laws are established on the state law level and only some states follow these “right to…

Disadvantages and Pitfalls of the Employee Handbook

An employee handbook can be a crucial tool for employers. However, failure to draft the employee handbook properly can lead to an employer entangling themselves in litigation. Last week’s blog focused on the advantages of the Employee Handbook. However, this week, the focus is on some of the pitfalls that can come from an improperly…

The Ticktin Minute January 15, 2018 – How to determine the Requisite Pay for a Worker with Disabilities Under Section 14(c) of the Fair Labor Standards Act

How to determine the Requisite Pay for a Worker with Disabilities Under Section 14(c) of the Fair Labor Standards Act The Americans with Disabilities Act (“ADA”) protects individuals who have a disability, however, the employer may, in some cases, pay less than minimum wage without being in violation with the ADA law or the Fair…

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….

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)…

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…