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Misclassification = Unpaid Wages...and it can happen to YOU.

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Are you an Employee? Or an Independent Contractor? 

Misclassification happens when your employer classifies you as something other than an employee when you should actually be classified as an employee. Although there are many grey areas to being misclassfied by your employer, the issue often comes down to how much control your employer has over the work you do.

General rule of thumb: if your employer says that you are an independent contractor (or anything other than an employee), they may assign a job to you and have standards to how the completed assignment turns out but they typically should not control the process you took to get to that end goal.  As an employee, your employer has a lot more say (i.e. control) over your process along the way to completing your assignment. 

If your employer says you're an independent contractor, here are some signs that may suggest you've been misclassified

  • Your employer controls your daily, weekly, or monthly schedule.
  • Your employer controls the hours you work.
  • Your employer controls your uniform, makeup, appearance, or other functions of your job.
  • Your employer controls the clients you speak to and/or how much you charge clients.

Industries and positions where employees are commonly misclassified:

  • Service industry employees such as bartenders, "shot girls," and hotel/motel workers
  • Dancers in clubs
  • Janitorial services
  • Day care workers
  • Garment production
  • Construction

If you believe you have been misclassified by your employer, contact our experienced Employment Law Team TODAY.

Call (407) 478.4878 | Text (407) 487.2846 | Email lizi@itsaboutjustice.law

6 Events You Don't Want To Miss!

Upcoming Industry Events


Upcoming Classes

Fixed Creative Sales April 19 01

Topics Include: 
 Marketing & Communications
 Legal Issues & Contracts
 Sustaining Growth & Profitability
 
If you have a restoration, mold remediation, general contracting, plumbing or roofing company, attend this complimentary and important seminar.
To Register, Please email: Devan@itsaboutjustice.law

 
Upcoming Conventions
 
Harvey Cohen Will Be Speaking At Both Conferences!
 
ria2017logo
 
 
International Restoration Convention & Industry Expo
April 5-7, 2017
 
The Renaissance Palm Springs 
888 Tahquitz Canyon Way
Palm Springs, CA 92262
 
 
 
Experience logo
 
THE EXPERIENCE Conference & Exhibition
April 24-26, 2017
 

Hilton Clearwater Beach Resort & Spa
400 Mandalay Avenue
Clearwater, Florida 33767

Click Here To Register


 
 Upcoming Events
CFRSA Golf

 

Join us on May 13th for the 2017 CFRSA 21st Annual Golf Tournament  at

Orange County National Golf Club, Panther Lake Course:
16301 Phil Ritson Way, Winter Garden, FL 34787  (Click for Directions)

Shotgun start at 8:00 am . Stick around after for Lunch and Raffle!

Individual Players:  $125/each Group of Four Players:  $400
Available Sponsorships:
Hole Sponsor:                     $500 Hole-in-One Sponsor:            $1,000
Longest Drive Sponsor:   $1,000 Closest to the Pin Sponsor:   $1,000
Beer Cart Sponsor:            $1,000 Food Sponsor:                          $1,000
Platinum Sponsor:                   $2,000

This year we are offering something new—
pay when you register ahead of time and you can opt for a pre-stocked golf cart cooler!

Have your drinks iced and ready for a shotgun start!  Exclusive only to those who pay online!

>>> Beverage Menu File Attached <<<

(Capacity limit is 144 players, and drink coolers must be ordered by May 10th at the latest.)

RSVP online by April 28th 2017~or~

email Wallace “Tres” Fulton:  secretary@cfrsa.org .

TCRSA Golf

38TH ANNUAL FISHING TOURNAMENT at Hawk's Cay Resort
June 9th-11th
 
 
To do:
 
1. Register for Tournament
 
2. Make reservations at Hawk's Cay Resort
 
3. Secure your charter boat or boat slip reservation if using your own boat.
 
SPACE IS LIMITED. EARLY REGISTRATION SUGGESTED.
 
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Drivers: Know Your Rights for Windshield Repairs!

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Drivers in Florida in need of some repair work may soon notice a change in the way business is done at repair shops if auto-insurance companies get their way in the Florida legislature. If you’ve ever taken your vehicle in to get a replacement windshield or to repair of a window, you may have signed what is called an Assignment of Insurance Benefits with the shop. Florida Senate Bill 1038 aims to restrict this practice to the point of uselessness, taking away the freedom of choice from the consumers and business from repair shops across Florida unless they cozy up to insurance companies.

The Assignment of Benefits allows the repair shop to stand in the shoes of the vehicle owner in dealing with the owner’s insurance company to recover the cost of the repair. This gives the owner the freedom to choose where to take their vehicle for repairs, rather than settling for the often subpar shops that their insurance company would direct them to.

Florida Senate Bill 1038 provides that an assignment agreement is not valid unless it meets certain conditions and excludes certain language. Specifically, an assignment would not be considered valid unless it:

  • Was in writing and executed by all named insurers;
  • Allows all named insureds to resend the assignment agreement without any penalty or cancellation fee;
  • Requires the assignee to provide a copy of the signed agreement to the insurer no later than three business days after it was executed;
  • Contains a written, itemized, per unit cost estimate of the work to be performed.

If an insurance company declines to honor the Assignment agreement and pay the shop for their work, the law further restricts the action the shops can take. If any provision is not scrupulously followed, the burden of proof in any subsequent litigation from the insurance company to the shop. While insurance companies have vast resources to fight these claims and glass repair shops often have limited resources, this provision can act to basically deny the shops access to the court system in order to recover their invoices.

If insurance companies have their way with this new bill, the undue burden to repair shops to enter into Assignment agreements with their customers will ultimately make the assignment agreement a useless endeavor. When this happens, consumers will no longer have the choice of where to take their vehicles for these repairs, as their insurance company will either make them go to the company’s in-house repair team where the work is done as cheaply as possible, or the insurance company will direct consumers to the cheapest repair shop on the market to minimize the expense to the insurance company.

Florida’s drivers should have the freedom to choose where their vehicle – one of the largest investments we make in our lives – is serviced and repaired. We cannot let the legislature and insurance companies take the freedom of choice from Florida’s drivers. Contact your state senator and tell them to vote NO on Senate Bill 1038.

Harvey Cohen Featured in Orlando Real Producers

Feb2017REALProducersOrlandoEdition11 Page 10

The Journey of Harvey Cohen

By Brian Ramsey  February 2017 • Real Producers, Orlando Edition 19  Pages 18-19

No one speaks of the travel or the journey as the “end game” – unless you meet Harvey Cohen. Cohen is the master designer behind a large law firm, significant property development experience and Homeowner’s Title Company who somehow never “arrives” at his life mission but continues to provide solutions and service to his client family. It is just who he is.

Growing up, Harvey dreamed of becoming a lawyer. He likes to think of it as foreshadowing his skill set, but he admits that people used to tell him that he was destined to be an attorney due to his argumen- tative or feisty spirit. Having lost his father at age seven, Cohen attributes his formative development to his grandfather and uncle. His grandfather was an American dream story who became a busi- nessman in Chicago by opening a clothing store which later led to the spawning of nearly ten other locations. Harvey’s uncle had a law background in litigation but made his name known in the '60s buy- ing and selling steel. He later owned banks, retail places and multiple properties.

After high school, Harvey entered the army where he served four years. He remembers his irritation with his commanding officer who made him save nearly one-third of his monthly pay – which later proved crucial to his financial support in college. After serving in multiple locations in the states and in Panama during the Noriega regime, Cohen returned to enter the University of Central Florida to study psychology. Upon completion, he entered Stetson University College of Law, Florida’s first law school and one of the nation’s top trial advo- cacy schools. There Harvey developed an insatiable desire to spar with the best legal minds in the courtroom. Following graduation, Cohen served as a state’s attorney in Orlando for the 9th Judicial Circuit finding great success at first in misdemean- ors and then within one year prosecuting felons. Cohen’s efforts led to his nickname of “Hard-Core- Harvey.” Still, he knew that he had not “arrived.”

At just two years in service and in his early thirties, Harvey suffered the loss of his hero, his grandfather. This emotional event caused Cohen to take pause, step back and give a serious look at his life. With a considerable amount of past success and a very bright future, he wondered if he was really fulfilling his life’s purpose. Sure, the work was fun, his cohorts were great, the money was dismal, but Harvey felt himself longing to forge his own path. After watching the other attorneys in the courtroom daily, he finally concluded, “If they can do it, so can I.”

Thus, the Law Office of Harvey Cohen was born! Perhaps the most difficult case that he “argued” in the beginning was with his wife who explained that a failing refrigerator threatened to affect the food prepara- tion process at home. With extremely limited funds, Harvey noted that they sacrificially put their resources into his practice. He opened what he describes as a “closet office” in a building dedicated to executive suites where he and his assistant had to share a desk that originally belonged to his grandfather. Perhaps it was a constant reminder of some of the qualities that he admired in him like perseverance, tenacity and resolve.

Nevertheless, Harvey started his work focusing on personal injury cases. He, like other attorneys, pro- moted his services to victims of ac- cidents, but Harvey worked extremely hard to let people know about him as a person and a lawyer. You could say that he combined his skill set and personal qualities and became, “Hard- Core-Harvey-with-a-Heart!” In very little time, Cohen’s business grew, and he added space and other employees. His purchase of a small office building downtown became the harbinger for later property purchases with a host of connections in the world of real estate. Remain- ing fiscally conservative, Harvey continued to work hard, save his money and grow his influence. 

As the law practice grew, Cohen established a new dimension by pursuing first party insurance claims (personal injury protection cases). In advocating for doctors and later homeowners and restoration companies, Harvey found extreme satisfaction in helping people to protect their resources and in providing solutions to problems that few could. For those who like happy endings, Harvey’s wife, Betsy, did eventually get her new refrigerator. Cohen credits his family with unending support. He and Betsy have a son, Parker, who is learning to navigate middle school and a daughter, Madi- son, who will be pursuing a degree in psychology at LSU and then law school (no surprise). The family loves to be together, and Harvey refers to Betsy as the “glue” that keeps everything con- nected in the right way.

Today, Harvey’s achievements include a large law firm, Cohen Law Group (over 20 lawyers), multiple investment properties and a title company that provides extreme attention to the details and superior service needed in helping those in real estate reach their goals of home ownership. One might think that surely Harvey has now “arrived.” Though many have expressed those words to Harvey, this unassuming innovator finds that curious and just considers each progressive step in the journey. Cohen considers success in life as securing happiness in each phase. Each day, Harvey Cohen seeks to make each element in his life a little better. He notes that there is no substitute for hard work and endless energy and that life is not full of shortcuts.

Over time, this journey has become a beautiful collage of Cohen’s skills, experience and philoso- phy of business. He probably will never “arrive” in his career as he seeks to stay the course forward. Who knows, maybe we will see Harvey Cohen in a Grisham novel someday, but until then, Hard-Core- Harvey-with-a-Heart will keep building his life one chapter at a time.

For more information on Orlando Real Producers: www.facebook.com/OrlandoRealProducers/

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