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News & Resources

Author: Kristy Armada

Understanding FL’s Law on Liquor Licenses for Restaurants

Posted on Mar 24, 2020 in News

I frequently receive telephone calls from clients, who possess the misconception that getting a beer and wine license, or liquor license in South Florida will be a straightforward process. Prior to speaking with me, clients are often frustrated with the delays caused by the convoluted application requirements that must be met before a state alcohol license can be issued. Causing additional confusion, local municipal requirements vary greatly. For example, the City of Fort Lauderdale requires that you obtain a Business Tax Receipt and a Liquor Measurement before you can apply for your state alcohol beverage license. Below is an overview […]

The Impact of COVID-19 on Performance Contracts

Posted on Mar 24, 2020 in Breach of Contract

The Force Majeure Clause: How the Coronavirus Impacts Performance Contracts The 2020 Coronavirus (COVID-19) pandemic is causing disruption to business operations as expansive, if not more expansive, than the 9/11 terrorist attacks. As these disruptions continue, parties should review their contractual obligations, rights, and remedies to assess available recourse or consequence in the event of performance delays. A careful analysis of “force majeure” clauses is important to understand in these uncertain times. When it is impossible for a party to perform its obligations under a contract because of an “act of God” or other unforeseen circumstance, the “act of God […]

Florida Liquor License Types Explained

Posted on Jul 20, 2017 in Corporate Litigation

To sell liquor, beer or wine in Florida, you must apply for a license from the Florida Division of Alcoholic Beverages and Tobacco Bureau of Licensing (the “Division”).  The Division offers several types of licenses.  I have had several clients reach out to me after finding themselves stuck in the convoluted and confusing licensing process. As a starting point, if you are a new business in South Florida wanting to sell alcohol beverages, including beer, wine, or spirits, you need to determine what type of alcohol or liquor license is appropriate for your intended operations. As I mentioned above, there […]

Jury Enters Verdict for BurgerFi in Overtime Wage Claim Brought by Exempt Employee

Posted on Jan 24, 2017 in Real Estate

Disclaimer:  This article does not constitute an advertisement or legal advice and does not create an attorney/client relationship. The comments herein should not be relied upon by anyone who reads them. A light emerges as employers prepare for an increase in payroll expenses that will result from the Department of Labor’s Overtime Final Rule, the implementation of which has been delayed, but which will raise the salary threshold from $23,660 to $47,476.   On December 19, 2016, a jury entered a verdict in favor of the restaurant employer finding that a middle manager is an ‘exempt employee’, despite performing manual labor […]

New Changes to the Federal Fair Labor Standard Act’s Overtime Regulations

Posted on Aug 26, 2016 in Real Estate

Changes to the Federal Fair Labor Standards Act’s overtime regulations will go into effect on December 1, 2016. The changes focus primarily on updating salary and compensation levels for Executive, Administrative, and Professional workers exempt from the Act. Establishing that an employee is exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements involves assessing how the employee is paid, how much the employee earns, and whether the employee primarily performs the type of job duties that Congress meant to exclude from the law’s overtime protections.  In order for an exemption to apply, an employee’s specific job duties […]

Fort Lauderdale’s Short Term Vacation Rental Application Explained

Posted on Jun 21, 2016 in Real Estate

On August 18, 2015, the City of Fort Lauderdale’s Commission adopted Ordinance Article X, Chapter 15 (the “Ordinance”) in order to mitigate the effects of short-term vacation rentals in an attempt to make them safer and more compatible with existing neighborhoods.  The new ordinance became effective on November 1, 2015.  It allows vacation rental home owners to apply for a “Certificate of Compliance” from the City Manager’s Office for the purposes of offering rental services within the City of Fort Lauderdale’s residentially zoned areas. The Ordinance defines “Vacation Rentals” as: Any unit or group of units in a condominium or […]

City of Fort Lauderdale Short Term Vacation Rental Ordinance

Posted on Apr 25, 2016 in Real Estate

On August 18, 2015, the City of Fort Lauderdale’s Commission adopted an ordinance regulating vacation rentals. Prior to developing and adopting the ordinance the City lost its effort to prohibit single-family homes from being used as short-term vacation rentals.  In 2010, the owner of a home used as a vacation rental appealed a code enforcement decision to the Florida Circuit Court after a special magistrate ruled that she had violated city codes by using her single family home as a short term rental. On the appeal to the 17th Judicial Circuit, the Circuit Court Judge, Judge Dale Ross, ruled that the […]

FLSA Settlements and Obtaining Binding Releases

Posted on Feb 19, 2016 in Complex Commercial Litigation

Originally enacted in 1938, the Fair Labor Standards Act (FLSA) was written to “protect all covered workers from substandard wages and oppressive working hours, ‘labor conditions [that are] detrimental to the maintenance of the minimum standard of living necessary for health, efficiency and general well-being of workers.”1 Employers facing FLSA litigation will sometimes turn quickly to settlement negotiations with former employees to minimize the costs of litigation.  However, the private settlement of FLSA disputes requires careful consideration. The purpose of settlement is to reach an agreement that resolves a pending legal dispute once and for all. Outside the FLSA setting, […]