Pincus & Currier LLP Pincus & Currier LLP2024-02-28T17:23:44Zhttps://www.pincusandcurrier.com/feed/atom/WordPress/wp-content/uploads/sites/1502742/2020/03/cropped-favicon-32x32.pngOn Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=735002024-02-01T05:50:38Z2024-02-06T05:50:14ZWhen the report is internal
Most sizable businesses already have sexual harassment policies in place to help mitigate the company's overall liability. Workers trying to end harassment on the job may follow protocols implemented by the company.
They might file a report with their direct supervisor or a member of the human resources team. At that point, the company is in a position to take action that can prevent future legal challenges. Taking immediate steps to prevent ongoing harassment while conducting an internal investigation is usually the best move after a formal complaint by a worker.
Businesses must be careful to avoid actions that could constitute retaliation, such as transferring the person who complained to a different position or shift. The approach to the investigation process should be neutral, and the company typically needs to document it very carefully to protect against a worker taking additional actions against the company.
When a worker complains to the EEOC
The Equal Employment Opportunity Commission (EEOC) has a difficult job. The organization must enforce numerous federal workplace laws, including laws about sexual harassment and workplace discrimination.
If a worker brings a complaint to the EEOC about sexual harassment, the organization may investigate the claim. The business typically needs to comply with the investigation process by providing internal records. Details ranging from the company's reporting policy, which the worker may not have followed, to internal investigation reports could have an impact on how the outcome of the EEOC's investigation.
Oftentimes, employers bring in legal support when facing an EEOC investigation or even internal complaints to minimize the chances of an unfavorable outcome. Knowing what steps to take when a worker reports sexual harassment can help companies limit the fallout of those allegations.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734852024-01-04T06:53:34Z2024-01-09T06:52:53ZMaking obligations clear
Clearly and effectively communicating with residents about the monthly HOA fees and any changes to those fees can be of the utmost importance for effective enforcement. After all, residents cannot pay what they do not realize they owe. Additionally, if there are issues with delayed payments or underpaid fees, the HOA should send written notice to property owners as soon as possible, rather than waiting until the fees reach a certain amount.
Imposing specific penalties
Florida HOAs have several options for enforcing the obligation to pay certain fees. Those options include restricting access to certain community amenities, charging late fees, placing a lien against a property or even foreclosing on a home. Property owners facing tangible consequences might take action to bring their accounts back into compliance more quickly than those simply receiving strongly worded letters from the HOA.
Consistently enforcing HOA fee schedules is also important. If homeowners hear that certain people received preferential treatment when they missed payments, they might then try to claim that any enforcement actions they face are discriminatory or inappropriate.
HOAs need to proactively and consistently enforce community fee schedules and other standards. Board members who understand how the HOA can assert its authority may be in a better position to help their community maintain certain standards and financial solvency.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734832023-12-01T08:07:53Z2023-12-06T16:21:36ZUnpaid overtime
Overtime wages can very quickly cut into a company's profit margins, and many businesses take a firm stance against allowing overtime on a regular basis. Companies may institute policies requiring approval from managers or corporate offices before workers put in overtime. Regardless of the policies in place, if a worker is on the job for more than 40 hours, the company must pay overtime wages regardless of internal policies. Failing to do so is a top cause of wage and hour claims.
Time clock discrepancies
Maybe the company has a time clock rounding policy that requires the calculation of worker pay in 15-minute increments. Workers may view the rounding of their time worked as a violation of their fair pay rights. Depending on how a company implements such policies, the workers may have grounds for a lawsuit. Other times, there might be differences between the worker's record of when they clocked in and out and the billable hours included in their paychecks. Significant discrepancies between the amount of time that workers were on the job and the number of hours included on their paychecks could prompt wage claims brought by under-compensated employees.
Off-the-clock responsibilities
There are many job tasks workers in retail and service professions must perform for their employers, many of which are recurring responsibilities. Companies should ensure that workers receive appropriate pay for any regular job duties they routinely perform. If a company trained workers to do food prep before starting their shifts or cleaning after clocking out, those workers may eventually file a wage claim for hours of uncompensated labor that they have performed for the business.
Business executives who understand the issues that trigger allegations of wage theft can often take steps to minimize the risk of workers taking legal action against a company. Seeking legal guidance and proactively complying with federal wage regulations can help a business minimize embarrassing and expensive employee lawsuits.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734682023-10-31T05:32:39Z2023-11-03T05:31:51ZCompanies often try to manipulate policyholders
It is common practice for insurance companies to try to manipulate situations to their own benefit. For example, they will gather years of information about individual consumers and then try to leverage that data when negotiating a claim with a policyholder.
They may know that some people have lower household incomes and will therefore try to get them to accept inappropriately low settlements that leave them with major uncovered expenses. Other times, insurance companies know that policyholders can pay to repair damages on their own despite having a policy that should cover those costs. In such scenarios, the insurance company might drag out the process so long that a frustrated homeowner decides to pay for their own roof repairs, for example.
These tactics are technically examples of bad faith insurance practices. The company does not adhere to its own policy in good faith but rather seeks to deny policyholders the coverage that they have purchased and paid for, often for multiple years without any significant claims. Unfortunately, homeowners are often unaware of how manipulative insurance providers can be and also their right to fight back against those underhanded tactics.
Seeking legal guidance can be invaluable when someone is facing a sizable insurance claim and they feel worried that a company will not provide the coverage it should, given the scope of the damage that occurred. Managing claims can be tough but those with coverage can better ensure that they receive what they’re owed by seeking support throughout the claims process.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734232023-09-29T08:10:03Z2023-10-04T08:09:45ZFlorida has a large number of uninsured drivers
When compared with many other states, Florida has a relatively high number of people on the road without proper insurance. At least as of 2019, Florida is one of the worst states in the country for uninsured driver risk. Florida had the sixth-highest rate of uninsured drivers, with an estimated 20.4% of motorists not having coverage at any given time. A large number of people every year get hurt in crashes caused by drivers without insurance.
What happens after a crash caused by an uninsured driver?
If someone without an active insurance policy causes a crash in Florida, the other parties involved in the collision have options available to them. They can use their own policy to access a limited amount of no-fault personal injury protection (PIP) coverage for themselves and their passengers. If they invested in uninsured motorist coverage, that might help them cover some costs as well. Oftentimes, the only means of holding someone without insurance accountable for a crash that they cause will require going to civil court. Personal injury lawsuits, including wrongful death lawsuits, can lead to judgments that grant people appropriate compensation given the losses they have suffered.
The prevalence of drivers without proper coverage on Florida roads is cause for concern, but knowing about their presence can help people better prepare to deal with the aftermath of a crash caused by one of these irresponsible drivers. Understanding the different safety concerns for drivers in Florida may help people reduce their risk and better respond to any collision they experience.]]>by Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734122023-10-31T11:40:39Z2023-08-31T18:19:11ZIntroduction:
Restrictive covenants, such as non-compete agreements and non-solicitation clauses, have long been utilized by employers to protect their legitimate business interests. These agreements often restrict employees' ability to engage in certain activities after leaving their current job. However, the National Labor Relations Board (NLRB), the federal agency responsible for enforcing labor laws and protecting employees' rights to engage in concerted activities, has increasingly scrutinized the use of restrictive covenants in the workplace. This article explores the NLRB's evolving stance on restrictive covenants and the impact it has on both employers and employees.
The NLRB's Historical Position:
Traditionally, the NLRB has taken a skeptical view of restrictive covenants, considering them potentially inhibiting to employees' rights to engage in protected activities under the National Labor Relations Act (NLRA). The NLRA grants employees the right to engage in concerted activities for their mutual aid and protection. Thus, the NLRB has been particularly concerned with restrictive covenants that limit employees' ability to seek employment with competitors or communicate with former colleagues regarding employment matters.
Shift in NLRB's Approach:
In recent years, the NLRB's approach to restrictive covenants has undergone significant changes. The NLRB's current approach is marked by a more nuanced analysis of restrictive covenants. It focuses on the specific language, scope, and impact of these agreements, rather than categorically condemning them. Under the NLRB's new framework, restrictive covenants will be evaluated on a case-by-case basis to determine whether they unduly restrict employees' rights under the NLRA.
Factors Considered by the NLRB:
When reviewing restrictive covenants, the NLRB considers various factors to assess their impact on employees' rights to engage in concerted activities. Some of the key factors include:
Duration and Geographic Scope: The NLRB examines the reasonableness of the time and geographical restrictions imposed by the agreement. Overly broad or excessively lengthy restrictions may be viewed as unduly inhibiting employees' rights.
Impact on Protected Activities: The NLRB assesses whether the restrictive covenant significantly interferes with employees' ability to engage in protected activities, such as discussing wages, work conditions, or unionization efforts.
Legitimate Business Interests: The NLRB acknowledges employers' legitimate interests in protecting trade secrets, confidential information, and customer relationships. Restrictive covenants that are narrowly tailored to protect these interests are more likely to be deemed lawful.
Notice and Bargaining: The NLRB also considers whether employees were given adequate notice of the restrictive covenant and whether they had the opportunity to bargain or negotiate its terms.
Implications for Employers and Employees:
The NLRB's evolving stance on restrictive covenants has significant implications for both employers and employees. Employers must carefully draft and review such agreements to ensure compliance with the NLRA. They should consider tailoring restrictive covenants to protect specific, legitimate business interests. If the NLRB determines that the scope is overly broad, it may find the entire agreement void and not narrowly tailor it. In these circumstances, the NLRB may also award the employee attorney’s fees incurred in challenging the restrictive covenants.
]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734072023-08-25T05:59:48Z2023-08-30T05:59:23ZFlorida law requires open meetings
Having authority in a local community could very easily lead to corruption. People might dole out contracts to businesses that they own or to people that do them favors. They will act for their own benefit rather than in the best interests of the community. Preventing such abuses of authority requires transparency on the part of the HOA. Therefore, Florida statutes require that every HOA meeting is open to all community property owners. Additionally, the HOA has to post advance notice of the meeting schedule. Meetings should not occur behind closed doors without public knowledge.
There are many reasons beyond corruption why in HOA might want to hold a closed-door session. For example, there might be one local resident who comes and derails the meeting frequently. They may demand a lot of time and cause friction in the community. However difficult certain individuals may be to deal with, the HOA board has to give them an opportunity to make their concerns heard and to provide feedback on the HOA's operations.
If local property owners uncover evidence of closed-doors sessions, they could potentially take action, theoretically including seeking to remove people from their position on the HOA board. Understanding and complying with Florida Statutes can help to preserve the authority and integrity of a local HOA.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734022023-07-27T06:40:09Z2023-08-01T06:39:15ZGetting hurt in a crash
Drivers in Florida often need to use their own coverage for injury-related expenses. The mandatory PIP coverage drivers carry will help pay for medical costs and other expenses for the insured motorist and anyone else in their vehicle at the time of a crash. People often use their no-fault coverage in addition to the liability coverage available from the other driver when they have major injury-related costs.
Getting hit by an uninsured driver
There are a shocking number of motorists who choose to cancel their coverage or let their policies lapse due to mistakes and financial mismanagement. Uninsured drivers won't be able to provide any liability coverage to the people they hit. According to data from 2019, roughly one in five motorists in Florida doesn't have insurance at any given time. Uninsured motorist protection is one of the only ways for people to address that pressing financial issue.
Those involved in a wreck caused by an uninsured motorist may be able to file a claim against their own policies if they have uninsured motorist protection. This coverage also applies after a hit-and-run and can help supplement the limited no-fault PIP coverage available for someone's medical expenses.
Drivers who understand the limits of Florida’s insurance requirements may have an easier time understanding the coverage available to them and maximizing the compensation that they receive after a wreck. Seeking legal guidance can be very helpful in this regard.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=734002023-06-26T06:21:33Z2023-06-29T06:20:49Ztraumatic brain injury occurs when an external force injures the brain, such as in a car crash where sudden acceleration or deceleration can cause the brain to move within the skull, leading to damage.
Understanding the potential implications of a brain injury can help you learn about some changes you may face if you suffer a brain injury.
Seeking appropriate support
Given the potential for lifelong impacts, it's crucial for individuals who have experienced a TBI in a car crash to seek medical attention immediately, even if symptoms don’t appear severe at first. Ongoing medical care may be necessary, including physical and occupational therapy, psychological support and possibly personal care support.
Long-term physical consequences
While some injury victims fully recover from TBIs, others incur long-term or permanent physical problems. These can include headaches, seizures, motor control difficulties or sensory issues that affect vision and/or hearing. Fatigue and sleep disorders are also common, as are problems with balance and coordination.
Cognitive and emotional impacts
TBIs can also lead to cognitive and emotional difficulties that persist or worsen over time. This can include problems with memory, attention and other cognitive functions. Personality changes are possible, as are mood disorders like depression and anxiety. In severe cases, TBIs can significantly change a person's personality and thinking ability, leading to lifelong cognitive impairment.
Impacts on work and social life
These physical and cognitive issues can significantly impact an individual's ability to work, particularly in jobs that require physical labor or complex cognitive tasks. Social relationships can also suffer from the direct effects of personality changes or mood disorders and indirectly, as friends and family may struggle to adapt to someone’s new needs and capabilities.
Finally, note that if a TBI victim has been injured due to someone else's negligence, seeking compensation via a personal injury lawsuit may be appropriate. Compensation can help cover medical bills, lost wages and other damages related to the TBI, which can ease the financial burden associated with long-term care.]]>On Behalf of Pincus & Currier LLPhttps://www.pincusandcurrier.com/?p=733982023-05-30T10:50:24Z2023-06-02T10:48:23Zmay file charges of discrimination against the business that can result in financial penalties and other consequences. Executives and owners at companies facing an investigation may start to panic and worry about the possible consequences.
Before the EEOC can attempt to penalize a business, it will first need to conduct an investigation based on reports made by workers. How should businesses respond to an EEOC investigation?
Conduct its own internal investigation
Perhaps the worker in question never made use of internal reporting systems, or maybe a prior review of their complaints did not lead to substantiation and internal action. If someone has a compelling enough claim to push the EEOC to investigate, the employer may need to review the claims internally. Companies that take the appropriate action, even after the EEOC begins investigating, can show a good faith attempt to prevent discrimination in the workplace. They can also counter the narrative provided by the worker with a more complete version of events.
Comply with record requests
Any destruction of internal records or retaliation against workers could lead to secondary allegations against a business already accused of discriminating in its employment practices. Allowing the EEOC access to company records and to individual employees with appropriate safeguards in place, such as the presence of an attorney representing the company, is often necessary. While there is something to be said for having oversight throughout the process and asserting the company's rights, as well as the rights of individual workers to privacy, cooperating with the investigation as opposed to fighting it at every turn can actually benefit the company by showing its commitment to transparency.
Seek legal guidance
Even if the company already has an in-house attorney, they are likely a general business practitioner who may not have the necessary experience to navigate an EEOC investigation or a charge that results from the investigation. Those who bring in the right legal support will have an easier time managing the investigation process and responding to whatever results come from the investigation.
Being proactive and seeking legal guidance when responding to an EEOC investigation may help a company minimize the risks involved in being named in a discrimination claim.]]>