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The Employee v. Independent Contractor Issue, Part I This issue is treated as an affirmative defense, meaning that it is usually a jury issue in which each side must prove its point. This adds a lot of expense and risk to cases, beginning at the summary judgment stage and especially if the issue goes t... Read More

By Robin Fawsett (rfawsett@uww-adr.com)

Claimants, Defendants Have Good Reasons to Resolve FLSA Overtime Claims Early FLSA claims for overtime compensation, whether based on a demand letter or a complaint, are easy cases to evaluate from their inception. The FLSA overtime provisions require employers to pay nonexempt employees one and one-half times their regular ho... Read More

By Robin Fawsett (rfawsett@uww-adr.com)

Robin Fawsett, Former Labor and Employment Lawyer, Joins Upchurch Watson White & Max Mr. Fawsett has been a Florida Supreme Court Certified Circuit Civil Mediator since 2006. A Martindale-Hubbell AV® rated attorney, he has been selected by peer review as one of the Best Lawyers in America® and recognized by Florida Super Lawyers. Read More

By Catherine Klasne

Potential Liability of Employers to Tipped Employees: A Key Area for Early Resolution There are expensive traps associated with these opportunities to save. Employer liability per tipped employee arises if the common practice of tip pooling is abused. ... Especially in these interesting times, many employers of tipped employees cannot... Read More

By Robin Fawsett

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