Many issues spring up in workplaces between employers and their employees, and one of these inevitable issues is employers delaying employees’ salaries. Different suggestions and questions usually pop up during this period. However, you must know some things to sue your employer for salary delays in Florida.

Florida law provides that an unpaid employee may bring a claim in civil court. The law further states that such an employee may recover court costs and attorney fees. The U.S. Department of Labor (DOL) says once the regular payday for the last day an employee worked has passed and the salary is still delayed, such an employee can reach out to the Department of Labor.

Employees’ wages include pay-per-hour, salary, commissions, and other related income. Employees can go after their employers if there is a delay in their salary by filing a lawsuit in the following ways.

1. File A Lawsuit for Delayed Salary

An employee can file a lawsuit for a delayed salary based on the amount the employer owes. An employee can bring a claim for delayed salary in small court claims in Florida (note that this said salary should not be more than $8k, besides the attorney’s fees, interest, and other costs).

An employee can also take his claim to a country or circuit court. Upon a successful claim, an employee may recover an attorney’s fees. Note that an employee has just 24 months to file a delayed salary in Florida.

2. File A Lawsuit for Violating the Minimum Wage

The Fair Labor Standards Act (FLSA) or Florida Minimum Wage Act (FMWA) stipulates the minimum amount an employee can be paid for executing services to his employer.

Such an employee may also be compensated for delayed salary or minimum wage. However, an employee has 24 months to file a claim or 36 months to violate the law willfully.

3. File A Lawsuit for Civil Theft

Florida law provides that a worker can claim civil theft against an employer if he delays his salary or does not pay when due. However, an employee must tender a written notice of claim, allowing the employee to pay the delayed salary within a month.

Another ground you can file a lawsuit against an employer who delays salary is by filing a complaint under any county wage-theft ordinance.

Conclusion

While Florida has laws for employers and employees regarding unpaid salaries, the state also provides minimum wage for employees. Since the law governs both employers and employees, an employee can sue his employer if he fails to pay salary at the stipulated date under state and federal law.

You can contact a law attorney to help you evaluate your potential delayed salary claims against a current or past employer.

Creditors play a crucial role in the intricate world of finance and business transactions by providing credit to people and companies. However, creditors run the danger of suffering a financial loss in the unfortunate case of non-payment or default. This is where a creditor’s rights attorney can help, acting as a dependable legal partner to protect the rights of creditors. In this article, we’ll examine the vital function of a creditor’s rights attorney and how they defend creditors’ rights. We will also draw attention to the qualifications and standing of Michael L. Feinstein’s Feinstein Real Estate Litigation & Business Law.

I. The Importance of Creditor’s Rights Protection

• Understanding the concept of creditor’s rights and their significance in financial transactions
• Exploring the risks faced by creditors in extending credit
• Highlighting the need for legal expertise to safeguard creditor’s interests

II. The Role of a Creditor’s Rights Lawyer

A. Negotiating and Drafting Credit Agreements

• Explaining the importance of well-drafted credit agreements to protect creditor’s rights
• Ensuring that credit agreements include necessary provisions, such as interest rates, repayment terms, and collateral
• Utilizing legal expertise to negotiate favorable terms for creditors

B. Debt Collection Strategies

• Discussing effective debt collection methods employed by Creditor’s Rights lawyers
• Analyzing the legal options available to creditors, such as demand letters, liens, and foreclosure
• Highlighting the importance of compliance with debt collection laws and regulations

C. Representing Creditors in Bankruptcy Proceedings

• Outlining the Role of a Creditor’s Rights Lawyer in bankruptcy cases
• Explaining the impact of bankruptcy on creditor’s rights and available legal remedies
• Discussing the process of filing proofs of claim and representing creditors in bankruptcy court

III. Feinstein Real Estate Litigation & Business Law: Protecting Creditor’s Rights

A. Introduction to Feinstein Real Estate Litigation & Business Law

• Highlighting the expertise and experience of attorney Michael L. Feinstein
• Discussing the firm’s specialization in creditor’s rights and business law
• Emphasizing the firm’s commitment to client success and personalized legal representation

B. Track Record of Success

• Sharing notable case studies where Feinstein Real Estate Litigation & Business Law successfully protected creditor’s rights
• Highlighting favorable outcomes achieved for clients in debt collection and bankruptcy cases
• Showcasing testimonials and client feedback to reinforce the firm’s reputation

C. Comprehensive Legal Services for Creditors

• Describing the range of services provided by Feinstein Real Estate Litigation & Business Law
• Discussing the firm’s expertise in negotiating credit agreements, debt collection, and bankruptcy representation
• Emphasizing the firm’s tailored approach to meet the unique needs of each client

Conclusion:

Protecting creditors’ rights is crucial in the fast-paced world of finance and business to ensure financial stability and reduce risks. Through tactical legal advice, negotiation, and advocacy, a creditor’s rights attorney is essential to protecting creditors’ interests. Under the direction of Michael L. Feinstein, Feinstein Real Estate Litigation & Company Law is a reputable name recognized for its knowledge of creditors’ rights and company law. Creditors can efficiently navigate the complex legal environment and defend their interests by selecting the correct creditor’s rights attorney.

The enthusiasm for signing a contract can be overwhelming, especially if it comes with a considerable sum of money or a juicy business opportunity. Indeed, contracts are the groundwork of modern commercial business relationships. Therefore, there are higher chances that a business or relationship founded on a properly executed agreement will be easy to thrive, regardless of the situation.

Business owners usually fall into a common trap regarding contracts by being too quick to sign without reading them correctly. Contracts can be an excellent way to make more money and strengthen relationships, but they could end in trouble if either party fails to do certain things before signing. And by the time you realize, saving yourself or your business may not be possible.

Here are five things you should know before signing a long-term business contract in Florida.

1. Read Each Word to Understand

One of the greatest mistakes you can make about contracts is signing them without reading them carefully. Contracts are drafted with legal language and are not always your regular business slogans. There are two reliable ways to solve this issue.

First, familiarize yourself with the legal terms of languages. Secondly, hire a lawyer to help you interpret terms. Always remember that when you sign without reading the contracts, you are already bound to the terms and conditions, regardless of the content.

2. Don’t Be in A Hurry to Sign a Contract

Delaying your signature isn’t a crime. Only sign a contract if you understand a word or clause. The small clause you need help comprehending can become a more significant issue at the execution stage.

Consider discussing such a clause with someone who understands. Alternatively, you may hire the services of a law practitioner to help you interpret terms. A delayed signature buys you more time to help you negotiate and fetch you the contract’s benefits.

3. Talk to Professionals for Advice

As mentioned earlier, complex parts of a contract require legal support. However, getting professional advice from lawyers, arbitrators, and mediators will go a long way. Professionals can help you sort out challenging terms.

Although expenses will come along with their services, it is better to avoid issues paying some amount of money than face long-term repercussions.

4. Understand Your Business Rights and Obligations

Contracts are based on the rights and obligations of both parties. It preserves the rights of both parties.

Therefore, both parties have their respective obligations toward each other. Ensure to know your rights and obligations in a contract before signing it.

5. Write It Down!

Contracts go beyond oral promises. Only sign a contract after getting it into writing. Verbal promises such as salary increases are easy to violate or deny.

Hence, you must always write it in the contract. Failure to do so means you can’t legally enforce your claim. Signing a contract without legal definition is worthless.

Conclusion

Contracts are one the most sensitive and irreversible documents. Hence, it requires utmost patience before you sign. If you think you need help, hire a legal practitioner to help you out. Only sign a contract you understand.

When a person owes fiduciary duty to another person, they are called a fiduciary and are typically responsible for the management of that person’s assets or money. Their duties can be broken down into 5 separate, distinct, and yet yet equally important responsibilities. 

Failure to meet one’s fiduciary duty when managing the assets or finances of another person may be legally actionable. Here’s what to know and where to get legal support. 

1. The Duty of Care 

Fiduciaries have a specific duty of care, which means they must commit to acting in good faith, being honest, and to exercise reasonable care in the completion of their tasks. 

2. The Duty of Loyalty 

Fiduciaries have a duty of loyalty to their principals. They must put their principal’s financial interests ahead of their own and make decisions based on the best interests of their principals. 

For example, if an investment manager decided to invest in a particular stock that might benefit him more than his client, the investment manager may be held accountable for breach of fiduciary duty. 

3. The Duty of Confidentiality 

Fiduciaries are required to maintain confidentiality about the financial dealings of their principals. They may not disclose information that isn’t already public or that they have not been given express permission to share. Confidentiality must not be compromised at any point in the fiduciary relationship. 

4. The Duty of Accounting  

Fiduciaries must use industry-standard, appropriate accounting methods to track all of their principal’s financial transactions. A fiduciary has the responsibility of ensuring that all transactions made in the name of the principal are lawful and to ensure that the principal’s assets are safeguarded and properly accounted for.

5. The Duty of Obedience 

Fiduciaries must act in accordance with guidelines set forth by their principals. For example, the treasurer of an association or organization must adhere to the rules and bylaws established by the organization, even if the fiduciary disagrees with them. 

Get Help With Breach of Fiduciary Duty & Other Business Litigation Matters 

If you believe you may have been impacted by a breach of fiduciary duty, don’t hesitate to reach out to Feinstein Real Estate Litigation & Business Law. We have the skills and experience needed to represent all types of cases, including high-net worth and contentious business litigation. Call now for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Feinstein Real Estate Litigation & Business Law for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

The owners of the home at 1071 N. Ocean Boulevard have been granted an extension of 60 days to secure a permit for a 5-foot beach entry gate that was unlawfully built in 2020. The Palm Beach Code Enforcement Board claims that a permit was never obtained for the gate and are requiring that one be secured now. 

According to public records, the police department first approached the owner about the beach gate on Aug. 4, 2020 and ordered them to secure all required paperwork and permits by Aug. 18, which they failed to do.

On April 15th, the Palm Beach Code Enforcement Board decided to allow the builder of the gate, Reiwa LLC, more time to have the signatures notarized of all neighboring Orange Grove Road property owners who previously consented to the gate being constructed. 

However, according to Zoning Manager Paul Castro, the problem is more than just notarizing the signatures. According to him, a restriction in the agreement of two property titles from 1941 would need to be changed in order for the beach access gate to be permitted in the walkway. To do that, the wording of the agreement must be revised, as it currently states there should be no obstacle in the way of the 3-foot walkway.

Another legal contract to amend the restrictive covenant must be signed, and it must be registered in Palm Beach County public records to grant a permit before that. 

Maura Ziska, a real estate attorney who represents Reiwa LLC, disagreed with Castro’s assessment of the legal matter.

Ziska suggests her client established compliance by obtaining the permission of Orange Grove Road property owners prior to building the gate. She argues that this  is sufficient for the town to grant a permit. 

Despite this, the board unilaterally voted that if all permit conditions fail to be met by June 14, 2021, Reiwa LLC would be fined for the gate, retroactive to February when it was originally constructed. This decision could impact potential future cases in Palm Beach for properties with beach access.

Are You Involved In a Real Estate Dispute? 

Michael L. Feinstein, P.A. is well versed in legal cases involving property ownership and local, state, or federal governments. We will guide you through the legal process and  support you through the resolution of contract conflicts and other real estate disputes. 

Call now for your initial consultation to discuss your case at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

When you enter into a mortgage with a lender, you enter into a legally binding contract. In doing so, you assume that the mortgage lender you’ve selected is acting in good faith. However, this may not be the case. Here are some potential legal problems you could face when you work with a mortgage lender and what you can do to protect your interests if you run into trouble. 

Discrimination 

A mortgage lender is not able to legally discriminate against individuals applying for mortgage funding based on protected criteria like gender, race, religion, culture, or sexual preference. Mortgage lenders are bound by the same discrimination restrictions as are found in the Equal Credit Opportunity Act and the Fair Housing Act. 

Predatory Lending Practices 

A mortgage lender may target a particularly susceptible group of buyers and offer them unreasonable lending terms, often without properly educating or advising potential borrowers of the fine print. For example, a lender may advertise bad or no credit home loans or a home loan with $0 down payment, but neglect to inform the borrower of balloon payments three years into the contract or an absurdly high interest rate. 

Mortgage Fraud 

Many people mistakenly believe that the majority of mortgage fraud is committed by consumers who falsify information on their mortgage applications in hopes of being approved or getting a better interest rate. However, mortgage lenders can falsify financial documents as well and may do so if they’ve sold your mortgage to another lender without informing you. 

Foreclosure 

If you struggle to make your house payments on time, you may be issued a notice of intent to foreclose from your mortgage lender, often a bank or other financial institution. This means that the lender is bringing legal action against you to resume ownership of the home due to nonpayment. 

Homeowners have a few options to defend their families and homes against foreclosure, but it requires the help of a seasoned real estate litigation attorney. The initial stages of a foreclosure can buy you enough time to get caught up on your mortgage payments, after which you can move to have the foreclosure dismissed. 

Get Experienced Real Estate Litigation Support Today 

Before you sign on the dotted line of a home loan, it’s important to understand your legal rights and how to best protect them. Mortgages put a significant amount of money on the line, and you need someone strictly in your corner. Call now for your consultation at 954-767-9662 (Fort Lauderdale), 561-760-9929 (Boca Raton), or 305-842-2730 (Miami).

Contracts are key to smooth business operations, but unfortunately they are not foolproof. It is not at all uncommon for contract disputes to arise between Florida businesses and vendors, customers or other parties. One common point of contention is whether a contract is legally enforceable. Consider the following factors that might make it difficult to enforce a contract.

Contracts must be readily agreed to by both parties without any type of undue influence. This means that, if one party threatened or coerced the other into signing, enforcing it could be in question. Misrepresentation — such as concealing certain facts — is another reason why one party might insist that a contract is not valid and should not be enforced.

While coercion and misrepresentation are deliberate acts, a contract might also be considered void if both parties make a mistake. This mistake should relate to existing facts when the contract was made and must have some type of material effect on the agreed exchange. The details of such a mistake are key, as it is not uncommon for parties to try and get out of a contract by falsely claiming mistakes were made. This is usually the result of failing to carefully read the terms of a contract.

There are a number of other reasons why someone might argue that a contract is not enforceable, including illegal terms or unreasonable favor to the party with stronger bargaining power. These types of contract disputes can easily eat up time and money that are valuable to Florida business owners. As such, it is often advisable to speak with a knowledgeable attorney about one’s options for dealing with a contract dispute.

When a Florida business is involved in a construction dispute, the main objective should be to reach a beneficial resolution in a timely manner. Construction of a commercial building can be a lengthy and stressful process, and it does always go as planned. There are many reasons why construction disputes can happen, and it may be necessary to resort to litigation to resolve the problem.

Every party involved in a construction dispute will want to protect their financial interests above all else. A construction company or third party will likely be unwilling to admit fault for a problem with your project. It may be necessary to go through a lengthy investigative period in order to figure out exactly what happened, what issues are affecting the integrity of the project and which party is responsible for addressing it.

Types of disputes

Construction is a long process, and there are often several third parties and contractors involved in certain aspects of it. For example, your business may hire a specific construction company for your project, but they may work with a third-party electrician on certain projects. The problem can lie in various aspects of the process. Some of the most common types of construction disputes include: 

• Disputes over the specifications or interpretation of the specifications
• Disputes over the scope of the work expected
• Disputes between contractor and subcontractor
• Disputes regarding the scope of work performed by subcontracted parties
• Disputes over subcontractor substitution
• Disputes over construction defects and the quality of the finished product

In some cases, a civil claim may be the most appropriate way to address a problem related to a construction defect or work performed. It may be necessary to sue for breach of contract, liability, breach of warranty and more. The remedies available depend on the individual situation, but they may include damages, compensation for losses or simply fixing the problem. 

Protecting your business interests

Your priority should be to find a way to address the issues with your construction project in a way that will be beneficial long term. It may be necessary to litigate, but sometimes out-of-court methods are a sufficient way to resolve the dispute. Regardless of how you approach it, it is beneficial to work with an attorney at every step.

There is a lot on the line for your company, but you do not have to navigate it alone. A legal ally with experience in real estate disputes and construction law can help your company save time and preserve long-term financial interests.

Making a bid on a new construction project can be an important time for your company. After all, getting projects is how you and your company make money. If you do land the job, you will likely have to agree to certain contract terms, and you will want to set forth some yourself. Unfortunately, the chance exists that mistakes could exist in a contract.

Even if you feel like you have done a thorough job of reviewing the contract, an error could still rear its ugly head later. If this does happen, you could face the risk of losing out on payment or facing other costly issues, or the other party could claim that you breached the contract, which can also cause serious problems.

What kind of mistake could occur?

Though contract mistakes are best avoided, they do happen. In some cases, it means that companies have to go to court in order to have the matter resolved. If so, the type of mistake that has occurred could affect the case, and those types include the following:

• Mutual mistake: You or the other party could claim that both parties involved made an error, thus rendering the contract invalid. For example, both parties may have signed the agreement believing in the soundness of the construction site, but your company may have later found issues with the site that affected your ability to move forward with the project.
• Unilateral mistake: This type of mistake occurs when only one party is mistaken about an element of the contract or project. However, grounds may exist to void the contract if the other party knew of the mistake of fact and did not correct the mistaken party.

In some cases, a mistake in a contractual agreement has remedies that can quickly resolve the issue. On the other hand, the situation could become more complex, and it may prove necessary to argue for the voiding of the contract altogether.

What can you do?

If you find yourself involved in a contractual agreement for a construction project and a mutual or unilateral error has occurred, you would be wise to protect your interests. To do so, you may want to contact an experienced Florida attorney who could assess your situation to determine how the error may have occurred and who could hold responsibility. Your legal counsel could also help you determine your best course of action for correcting the problem.