Friendly Reminder: New Overtime Rules Take Effect December 1

By Catalina M. Avalos

Catalina M. Avalos & Megan L. Janes

If you are not paying your administrative, professional, or executive employees at least $913 per week (the equivalent of $47,476 per year), you may have to pay those employees overtime if they work more than forty hours per week, effective December 1, 2016. Why? The Department of Labor is increasing the minimum salary threshold for the overtime exemption for such employees from the current requirement of at least $455 per week.

The Significance of the 2017-18 Constitution Revision Commission

The upcoming Constitution Revision Commission will impact the lives of a significant number of Florida’s citizens. The Commission has the power to propose changes to the Florida Constitution, which then must be ratified by the voters of the State. The procedures of the Constitution Revision Commission, as well as different ways citizens can get involved, are described below. Because of the significant potential impact of constitutional amendments, careful focus needs to be put on the process.

ASSET PROTECTION PLANNING HAS SUFFERED A SIGNIFICANT SETBACK CREATING A MEANINGFUL OPPORTUNITY FOR CREDITORS

By Charles M. Tatelbaum

A recent decision and opinion by Bankruptcy Judge Robert A. Mark of the US Bankruptcy Court for the Southern District of Florida has created a potential nightmare and morass for those who seek to use asset protection vehicles as part of an overall estate plan or independently, and, at the same time, has created a new opportunity for creditors seeking to recover unpaid debts.

Striking Back Against Securities Fraud: Considerations in Choosing Your Legal Causes of Action

After Ponzi schemes gained national attention from the exposure of Bernie Madoff’s decades-long conspiracy, securities fraud has become a term that nearly everyone is familiar with today.  Providing local flavor, Scott Rothstein’s investment fraud again brought the concern to the door-steps of Floridians.  With the Internet providing an ever more critical “tool of the trade,” fraudulent conspiracies such as “pump-and-dump” schemes are a regular danger to Florida investors.  While the fraudsters behind these schemes face criminal repercussions, the federal anti-fraud statutes, and often state equivalent “blue-sky laws,” provide independent civil causes of action available to victims.  The Florida Securities and Investor Protection Act (“FSIPA”) is particularly noteworthy in our state, and understanding the distinctions between the causes of actions afforded under FSIPA and its federal counterparts is essential for victims as well as attorneys practicing in this area.

The Technicalities of Creditor Claim Deadlines in Florida Probate Estates

By Jeffrey Fauer

Creditor claims are a common source of litigation in probate estates.   Whether large or small, almost every probate estate has a creditor that files a claim.  Creditor claims are typically based on the debts of the decedent that arose prior to death, and can range anywhere from a claim by American Express for unpaid credit card bills, to a claim by a former business partner for payment of principal and interest on a multi-million dollar promissory note.