South Florida Personal Injury Attorney Blog

By Attorney Matthew Allen of Rubenstein Law

The Eleventh Circuit Court of Appeals issued an opinion this month affirming that undocumented workers are entitled to relief under the Fair Labor Standards Act ("FLSA"). Lamonica, et al. v. Safe Hurricane Shutters, Inc., Case No. 11-15743 (March 6, 2013). The Eleventh Circuit also held that employees who have provided false social security numbers to their employers and had failed to report their earnings to the IRS are still entitled to relief under the FLSA.

The opinion of the Court is consistent with public policy and the FLSA because it confirms that workers are generally entitled to their overtime wages. In Lamonica, nine former employees of Safe Hurricane Shutters, Inc. filed suit under the FLSA to recover unpaid overtime wages. One of the employees was an undocumented alien who had applied for work with a fake social security number. The appellants argued on appeal that he should be barred from recovery.

The Eleventh Circuit has held that undocumented aliens are entitled to recover unpaid wages under the FLSA. Patel v. Quality Inn S., 846 F.2d 700, 706 (11th Cir. 1988). However, the Supreme Court has held that undocumented workers were not entitled to recovery under the National Labor Relations Act ("NLRA"). Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002). The Eleventh Circuit held that Hoffman was not on point because it involved an exercise of judicial discretion under the NLRA by a government agency. Instead, the Court followed Quality Inn and affirmed that undocumented employees are entitled to relief under the FLSA.

The Court also rejected the appellants' argument that the employees should be barred from recovery under the doctrine of in pari delicto. The in pari delicto doctrine says that a plaintiff who has engaged in wrongdoing may not recover damages that result from that wrongdoing. The appellants argued that employees who fail to report their earnings to the IRS or who give their employers false social security numbers should be barred from recovering their overtime damages. The Eleventh Circuit held that the employees had not cooperated with their employer to deprive themselves of overtime, and affirmed the award of damages for the employees.

Continue reading "Undocumented Workers Entitled to Overtime Pay" »

Florida middle school students know why a separation of powers is crucial to a legitimate government, but Amendment 5 apparently doesn't get it. Now, Florida voters hold that precious balance in their hands on Election Day, which could spell disaster for the future of law-making in our state. Vote NO on 5 and end this attempt to "fix" what isn't broken.

The framers of our Constitution knew a fair and just government requires a system of checks and balances between its branches (executive, judicial and legislative). Apparently, that's not good enough for some politicians who are attempting to change our state constitution and ultimately diminish those checks and balances. Opponents are calling it a power grab of conservative legislators to have more control over our courts. That's not at all what the founding fathers had in mind.

Plain and simple, the controversial Amendment 5 would give lawmakers authority to confirm Supreme Court justices selected by the governor, view complaints against justices as soon as they are filed, and more easily override court rules. What makes it so controversial is its blatant attempt to allow one branch of government make crucial decisions over another. As for overriding court rules, the purpose of judges is to determine if laws are constitutional and/or are being executed lawfully. If we give the power to override judicial decisions back to the lawmakers, that would be like handing the keys to the jail over to the inmates and trusting them to "do the right thing."

Supporters argue it would improve oversight and accountability, but democrats and republicans alike (including former Florida Governor, Jeb Bush) agree Amendment 5 is another attempt to put politics into the courts to intimidate justices who have struck down new laws as unconstitutional. Under our current system, state lawmakers can override rules with a 2/3 majority vote, which most people agree is a high enough standard to prevent the Legislature from intervening in all but extraordinary circumstances (for example death penalty cases). Rarely do lawmakers weigh in on judicial decisions, but Amendment 5 would eliminate the Court's independence.

Opponents of the bill have also raised questions about whether the Florida House speaker would use complaints to intimidate judges they dislike. Under the current system, a court panel investigates complaints internally and releases the information only if they find probable cause. Some misguided lawmakers want complaints out in the open, even if it discourages citizens from filing complaints in order to protect their own privacy. It's simply not good for Florida voters.

The Law Offices of Robert Rubenstein understands Florida law and how it protects your rights. We hope you'll VOTE NO on 5 so the Legislature and the Judiciary can continue to protect your rights in a fair and non-political way.

Three of Florida's Supreme Court justices are up for merit retention, but out-of-state lobbyists and extreme political interests are working to oust the judges for political control of our courts. If successful, it would mean MONEY and POWER will influence our courts, rather than impartial understanding of the law. This un-American attack must be stopped!

Merit retention, or voting to retain a judge based on his or her competent performance, has been part of the Florida judicial system since 1976. It calls for voters to make a simple "yes" or "no" decision to retain a judge at the appellate level, including the Florida Supreme Court. These are routine and normally attract little attention because the court is well-respected and has operated without scandal for decades. But something new is brewing this year.

In an unprecedented political assault on our state's highest court, an extreme arm of the Republican Party of Florida (and outside extremist conservative groups) is pushing to oust three highly-respected Florida Supreme Court justices...simply because they are not happy with a few of the decisions the judges have handed down.

Spearheading this unethical grab for control of the courts is the group "Americans for Prosperity." AFP was founded by the now-infamous billionaire brothers, Charles and David Koch, who have already successfully influenced the courts in Texas. Persuading voters to remove the three justices on the November ballot would enable Governor Scott to appoint the replacements and stack the court. This is the most serious attempt to compromise the Supreme Court's independence since the corruption scandals of the early 1970s that resulted in the resignations of two justices and a reprimand of another.

Most importantly, this should concern ALL Florida voters, regardless of political views. The main purpose of judges in our nation's court system is to rely on impartial interpretations of the laws of the land. For that reason, it is illegal for Florida Supreme Court Justices to affiliate with any political party. That is what makes this power-grab such a threat to the legal rights of all Floridians. In fact, one of the justices, Peggy Quince, was supported by former governor, Jeb Bush, a Republican.

Floridians should refuse to be intimidated by this attempt to politicize the state's highest court, and we should retain Justices Fred Lewis, Barbara Pariente and Peggy Quince. The justices are not running against each other, and they are not on the ballot because they did something wrong.

Why Do the Justices deserve to be Retained?

Chief Justice Lewis founded Justice Teaching, which has placed thousands of lawyers and judges in public schools to educate students in civic and legal issues. He has also won numerous awards for his work promoting diversity and court access to persons with disabilities.

Justice Pariente works to improve the handling of cases involving families and children, and she was inducted into the Florida Women's Hall of Fame in 2008.
Justice Quince was appointed to the court by both Lawton Chiles (a Democrat) and Governor-elect, Jeb Bush (a Republican), in 1998. She spent more than a decade in the State Attorney General's office, gaining extensive experience handling death penalty cases.

The reality is Republicans have been unhappy with the court because it has served as an important check on the heavy handedness by Gov. Rick Scott and the Florida Legislature. Scott overstepped his authority last year by signing an executive order seizing control of the state rule-making process. Without checks and balances in all branches of government, we will hand the legal power over many to just a few. That is not what Florida or America stands for.

On the merit retention questions for Florida Supreme Court Justices R. Fred Lewis, Barbara J. Pariente and Peggy A. Quince, vote yes and protect our civil justice system!

Florida Republican Governor, Rick Scott, promised to lower auto insurance rates by lowering Personal Injury Protection (PIP) benefits. In fact, it was Scott's top legislative priorities this year. Instead, rates are rising, a new study shows.

Florida auto accidents that involve injuries often involve insurance claims. That's when Personal Injury Protection benefits, or PIP, kick in to cover medical bills up to $10,000. It was the opinion of Governor Scott that too much fraud was being committed using PIP claims, so he set out to reduce or get rid of PIP coverage. He argued the move would save Florida drivers money. It hasn't worked. Now, early returns show PIP rates have increased in at least half of the cases reviewed.

This week marked the deadline for insurers to file at least a 10 percent reduction in 2013 PIP rates under Scott's new law or make a case to regulators why they won't. Most of the 100 filings made it in under the deadline and are under review. So far, at least half of the filings approved by regulators show an increase in PIP rates up to 26.3 percent! Scott's response? "Increases would have been higher without the reforms."

The executive director of the Florida Consumer Action Network, Bill Nelson, sees it differently. He was quoted in a Palm Beach Post article "I'm sure the excuses from the insurance companies are very creative. Bottom line, consumers have lost benefits and many will see premium increases, not decreases."

Opponents of Florida's new PIP reduction law say the move was simply an attempt to favor insurance companies, not responsible Florida drivers. Insurers will still collect premiums for the state-mandated $10,000 PIP coverage but they will pay their customers fewer benefits. For example, if you've been injured in a car accident, you may require therapeutic massage or acupuncture as part of your treatment. That PIP coverage is gone. The new law also limits non-emergency care to $2,500. That means you'll have to go to an ER for treatment, even if it's not actually life-threatening treatment. Will these changes in PIP affect you? Here's a list of insurers who, so far, have been approved for PIP rate increases:

• Florida Farm Bureau (8% increase)


• MGA Insurance Co. (3.9% increase)


• Agency Insurance Co. (26.3% increase)

The changes have not helped consumers, and in many cases have made things worse. In fact, Florida legislators have been trying to fix PIP for a decade now and it's just too broken. There is, however, a solution in the way of mandatory Bodily Injury (BI) coverage. Most states require BI coverage these days to eliminate the problems with PIP coverage. It's time Florida followed suit.

If you need free advice or help navigating your Florida auto accident claim, contact any of our offices in Miami, Plantation or West Palm Beach by calling 1-800-FL-Legal (355-3425) or visiting rubensteinlaw.com.

I-95 in Pompano Beach was the scene of a deadly accident over the weekend. Three men died and two more are critically injured from a car accident in Palm Beach County. The group of Broward roofing company workers were on their way to a job when they got a flat tire. Forced to fix the flat tire as cars raced past, three men lost their lives.
Investigators say the three men were in the northbound emergency lane when a driver seemingly lost control and slammed into them. Two other men, who were with the disabled truck, were also struck and now face critical injuries.

Florida Highway Patrol is investigating why the driver, who had a suspended license, veered across three lanes of highway traffic and into the men. Police say the driver was issued tickets for careless driving and driving without insurance, which is an excellent reason to have uninsured/under-insured motorists insurance called UM coverage. You'll need a qualified automobile accident lawyer to help you file a UM claim.

Unfortunately, this type of scenario is common on Florida highways so what can you do to avoid personal injury when your car is disabled in a dangerous area?

ASSES THE SITUATION

• Is there a large shoulder on the road where you can safely park far from the traffic? If not, call a tow truck. It may not be worth the risk of fixing the flat yourself.


• If you are changing a tire on the side closest to the road, turn the car so the front end points, at an angle, away from traffic and toward the shoulder to shield yourself. This is what Florida State troopers do on traffic stops.

MAKE YOU AND YOUR CAR VISIBLE

• Turn on your hazard lights.


• Place road flares behind the car in such a manner that traffic is directed around your car.


• Keep a bright orange colored vest in your car similar to the ones construction workers use while working on the side of the highway.

DRIVE SLOWLY WITH YOUR SPARE

• Most spare tires are small, thin and lack the amount of tread you need for highway driving. Most spares are not to be driven faster than 30-35 mph.

BE PREPARED

• Practice changing a tire before you have to do it on the highway. A dress rehearsal will have you feeling more confident and able to move quickly in a real emergency.

If you or someone you know has been injured in a Florida car accident, you may need an experienced Florida personal injury attorney to help you with your insurance claim. For answers to your questions, Contact the Law Offices of Robert Rubenstein at any of our offices in Miami-Dade, Broward, and West Palm Beach at 1-800-FL-Legal (355-3425) or visit our website at rubensteinlaw.com.

You may think the privacy settings on your social media pages are airtight, but that's not the case when it comes to litigation. A recent Broward County court ruling forced a man, who has filed an injury case against Publix supermarket, to release his private Facebook postings to the insurance company involved in the litigation. In today's world of social media, what you "say" online can and will be used against you in a court of law, so be careful!

A local personal injury victim was ordered, by a Broward County judge, to release printed copies of his personal Facebook page postings to Publix and its insurance company as part of what's called "discovery." According to the man's personal injury lawyers, the same judge also forced their client to "friend" Publix so the supermarket chain's attorneys could view his private information to see if he revealed anything related to his lawsuit. The attorneys are appealing.

The lesson from this disturbing case? Keep your private life private! At the Law Offices of Robert Rubenstein, our goal is to help you navigate the legal side of filing a personal injury claim with an insurance company. We understand that insurance companies want any and all information about claimants and, as we saw with this recent Broward County ruling, they will dig very deep if necessary. We highly recommend if you own or operate a website, blog or belong to a public social networking account such as Facebook, MySpace, YouTube, Twitter, etc., you close the account until your case is completed. (It's important to note we do NOT advocate or advise you delete or alter any social networking content.)

Here are some helpful tips for your social media privacy if you have a personal injury case:

DO

• Assume the insurance company is sitting next to you as you post information. Your privacy is not necessarily protected during litigation. Personal computer searches are not common practice for insurance companies.
• Set your privacy settings to the highest setting possible.
• Make sure nothing is "public."
• Take down your sites until your case is over.

Don't

• "Friend" anyone unless you are absolutely sure you know and trust that person.
• Post any photographs or video of yourself (or enable others to "tag" you).
• Write or disclose anything about your personal life that you would be embarrassed to have a defense attorney use against you in front of a judge and jury.
• Send e-mails or texts regarding your case to anyone except your attorneys.
• Enter insurance websites.
• Participate in blogs, chat-rooms, or message boards.

These steps may seem like a great inconvenience, but they are absolutely necessary to protect your privacy during what is already a difficult time. Your prevention will help your personal injury lawyers protect you from electronic surveillance and possible embarrassment if your case goes to trial.

If you or someone you know has been injured due to the negligence of another, you need an expert legal team to protect your rights AND your privacy. You can be sure your personal injury case will be handled with privacy and professionalism at the Law Offices of Robert Rubenstein. It's 100% free to speak to a representative from our firm. Contact our offices in Miami-Dade, Broward, or West Palm Beach at 1-800-FL-Legal (355-3425).

You see their famous commercials all over television. Progressive Insurance company's pitch-woman, Flo, may even be a household name but don't let the commercials fool you. When it comes to paying out policies their own customers pay for, the company is not as "progressive" as it claims to be.

In 2010, Katie Fisher, a paying Progressive customer, was killed at an intersection by a driver who ran a red light. The at-fault driver was underinsured, so Fisher's surviving family filed a claim with Progressive to collect her underinsured motorists (UM) payout. Progressive paid only ¼ of the total policy ($25,000), forcing Fisher's family to sue the driver for negligence in order to force Progressive to pay the remaining $75,000. The family was simply looking to use money from Fisher's own policy to pay for funeral expenses and remaining college loans Fisher still carried.

This was money from a policy that Katie paid for to protect her in the event that she was injured by someone who did not have adequate insurance. It was a smart move on her part, but Progressive (Katie's own insurance company) refused to pay the entire policy. Her brother, Matt Fisher, took matters into his own hands and posted an angry letter on his social media page titled "My Sister Paid Progressive Insurance to Defend Her Killer in Court." Matt Fisher says he was most outraged when Progressive sat in court and actively participated in the other driver's legal defense. Fisher's scathing post on the internet went viral and turned into a social media nightmare for Progressive.

The insurance company took heat from thousands of angry citizens, some Progressive customers, but still defended its position. Three days later, they reached a settlement with the Fishers for an undisclosed amount of money.

The company is since trying to explain their actions due to the public relations nightmare. On August 9th, a jury ruled the driver who hit and killed Katie Fisher was at fault and only then did Progressive work with the Fisher family to resolve the claim.

There is much that can be learned from this case. First, what Progressive did was not illegal and, in our firm's experience, happens all the time. Insurance companies are not your friends and they're not on your side. That's why it's important to have an experienced personal injury lawyer on your side to make sure the policies you pay for are there when you need them most.

The second lesson is the importance of having Uninsured/Underinsured Motorists (UM) coverage in the event you are injured by someone without enough coverage to pay for your injuries. If you've been in a car accident, motorcycle accident or boating accident, The Law Offices of Robert Rubenstein can help navigate your insurance claim and make sure you don't fall victim to any insurance company's refusal to pay.

We have offices in Miami-Dade, Broward and West Palm Beach. You can speak to a representative for free 24 hours a day, 7 days a week by calling 1-800-FL-Legal (355-3425) or visit our website at rubensteinlaw.com.

Florida wage and hour cases are increasing and expected to continue with the sweeping changes in healthcare reform. Here, at the Law Offices of Robert Rubenstein, our employment law caseload has gone up as laid-off workers are filing more discrimination and employment-related lawsuits against their former employers. Most of the cases handled at our firm stem from unpaid wages, unpaid overtime or employees being forced to work off the clock, which violates federal and state wage and hour laws.

In just the last year, wage and hour lawsuits nearly quadrupled in total since 2000. According to a Miami Herald report, Florida's courts are ranked among the highest in the country for number of filings of Fair Labor Standard Act (FLSA) cases involving unpaid overtime. Florida ranks second in the country in workplace discrimination complaints filed. New data for 2011 shows Florida workers filed 8,088 complaints last year. That's about 32 complaints filed every working day of 2011.

Now, it appears the Affordable Healthcare Act could generate more employment law cases because, for the first time, health insurance is an employee benefit that is mandated. That has some employers scrambling to find ways around the mandate to avoid having to pay the newly required health insurance benefit. One example is companies trying to make employees "independent contractors." However, in most cases, that won't work because there may be a healthcare reform component that will allow employees to sue for not providing benefits they are supposed to be given through their employer.

Our firm's Miami office employment law attorneys, Kelly Amritt, and Matthew Allen, initiate suits on behalf of workers and most of their clients are service personnel, such as waiters, bartenders, line cooks and even managers. Many of the wage and hour lawsuits our legal team files are against employers failing to pay required wages, or for mis-classifying managers as exempt and failing to pay them overtime. As Kelly Amritt stated in the Miami Herald article, we prove our clients' cases with "job description and witness testimony" along with other facts.

The Law Offices of Robert Rubenstein has extensive experience handling all kinds of employment law cases. Our wage and hour Florida employment law attorneys can help you recover money that you are owed by your employer. You have rights and we want to help you be treated fairly by your employer. To speak to one of our attorneys for free, contact us at our Miami-Dade, Broward, or West Palm Beach offices at 1-800-FL-Legal (355-3425) or visit our website at rubensteinlaw.com.

Florida drivers face some daunting new statistics from the Centers for Disease Control (CDC). A study, out this week, found fatal car accidents are more likely to occur in the southern United States. Orlando and Miami were among cities with high car accident death rates.

Perhaps not surprisingly, young drivers are most likely to die in automobile accidents in the US. As part of its Morbidity and Mortality Weekly Report, the CDC studied more than 34,000 car accident deaths (in 2009) and found 24% of those deaths were young people between the ages of 15 and 24. That's about 11 deaths per 100,000 people.

Researchers with the CDC's National Center for Injury Prevention and Control, say the study did not look at causes of automobile accidents, but reasons for the high crash rates include young adults being more likely to engage in high-risk driving conditions, including texting while driving and driving with multiple passengers in the car.

So, what can be done to reduce accident death rates in this young demographic?

The study reports "graduated driver licensing policies" are very effective at lowering car accident death risks. These programs initially limit a teen's independent driving, for example, requiring them to drive with an adult only, before progressing. Such a tactic can reduce car crash risk among 16-year-old drivers by nearly 16 percent.

Another step is for parents to set the driving tone for safety. Parents should serve as a role model for good driving behavior. In some cases, safety experts recommend parents use a "teen driving agreement" in which parents outline the driving rules, the teen signs the contract, and as the teen gains more experience, he or she gains more driving privileges.

For answers to all of your car accident questions, contact one of our experienced Florida car accident attorneys at the Law Offices of Robert Rubenstein. Our legal team has offices in Miami-Dade, Broward and Palm Beach Counties. Contact us at rubensteinlaw.com or call 1-800-FL-Legal (355-3425). The consultation is free.

Florida summers are hot and there's nothing quite as cool as heading out onto the water for some fresh sea air. But accidents can happen off land just as they do on land. According to shipdetective.com, an independent, Florida-based website developed by avid cruisers for cruise enthusiasts, there have already been eight cruise ship accidents since January of this year. If your cruise vacation doesn't quite go as planned and you find yourself in the unfortunate position of being in a boating or cruising accident, you'll need an experience boating accident lawyer. Here are answers to some frequently asked questions about boating/cruising accidents:

What is a boating accident case?

A boating accident case centers on injuries or accidents involving a boat or ship. This could include slips or falls, injury from fire due to mechanical failure or negligence, or even injury due to negligent grounding, as was the case with the Concordia ship in Italy earlier this year. Ship or boating accidents might also involve injuries sustained as the result of a cruise ship's staff.

On a smaller scale, boating accidents involve the reckless driving of a powerboat or other aquatic vehicle, such as a personal watercraft. A Miami, Florida boating accident attorney from The Law Offices of Robert Rubenstein can assist you with your case.

What do I do after a ship or boating accident?

If you are involved in a ship or boating accident and the monetary damage to the vessel appears to be $500 or more, you are required to report the accident to the police or to coastal authorities. After reporting the accident, it is advisable that you speak with a Miami, Florida boating accident attorney at our firm to learn about your legal entitlements.

Will my boating accident case go to trial?

The Miami, Florida boating accident attorney assigned to you will strive to achieve the best possible results for your particular case. If it is possible to achieve better results in a settlement, our legal team will work toward a settlement. If better results can be achieved by taking your boating accident case to trial, the attorney handling your case will fight diligently for your legal entitlements.

If you have been injured in an aquatic vehicle, a Miami, Florida boating accident attorney at the Law Offices of Robert Rubenstein can assist you. Speak with the legal team at our firm today by calling 1-800-fL-Legal (355-3425) or go to rubensteinlaw.com.
We have lawyers in Miami-Dade, Plantation and West Palm Beach ready to assist you.

South Florida schools close for the summer this week and that means plenty of excited young drivers taking to the streets. With most graduation ceremonies wrapping up, there is sure to be some teenage celebration. Unfortunately, this can also mean careless or distracted teen drivers on the road. The car accident rates typically climb this time of year due to the flux of young people out of school and heading to parties.
According to the Florida Highway Patrol, Teen drivers continue to dominate crash frequency statistics, posting the highest rate of crash involvement of any age segment (381 per 10,000 licensed drivers).

If you're the parent of a teen driver, it's important you have the right auto insurance for him or her. Also, now is a good time to have your young driver review the rules of the road. The website TaketheWheel.net (sponsored by Florida Highway Patrol) is an excellent resource for young drivers with information on how to avoid getting into a car accident in the first place. It offers a road rules quiz, teen-oriented videos and powerful testimonial videos by young people who have either lost friends to car accidents or survived car accidents themselves.

If your teen does get into a car accident, it's important to call the police and seek medical treatment. Keep in mind that the shock of being in a collision may hide any pain until hours or even days later. Our South Floirda motorcycle and car accident lawyers have compiled a complete list of what to do after a car or auto accident. Most importantly, before you speak to the at-fault driver's insurance company about your injury, contact the Law Offices of Robert Rubenstein, to discuss your accident. We have offices in Miami, Plantation and West Palm Beach. Contact us at 1-800-FL-LEGAL (355-3425) or go to rubensteinlaw.com.

Florida teen drivers just embarked on the 100 deadliest days of driving (summer break)...starting with Memorial Day weekend. While car accidents involving young drivers typically increases this time of year, the odds are going even higher now that half of all teen drivers admit to sending text messages while driving.

AT&T conducted a survey of teen drivers to find out how prevalent texting and driving really is. It's part of the company's "It Can Wait" campaign that seeks pledges from drivers not to text while driving. The vast majority of teens surveyed (89 percent) expect a reply to a text or e-mail within five minutes or less, since it's a teen's main method of socializing with friends these days.

As part of its campaign to curb car accidents among teens and adults alike, AT&T has unveiled its DriveMode app. It provides a customizable auto-reply message notifying friends that the user is driving and will respond when it is safe. Here are some other features:

• The "Allow List" lets users select up to five contact numbers - such as roadside assistance and family members - to send and receive calls while the app is running.


• 911 is an automatically approved number and easily disalable from the home screen.


• Music and Navigation settings allow one music and one navigation app to run while AT&T DriveMode is enabled.

To show the risks of texting while driving and to honor Global Youth Traffic Safety Month this May, AT&T is launching a 30-market U.S. tour of a texting-while-driving simulator, offered by The Peers Foundation. The computerized car lets users virtually text and drive -- providing a realistic but safe experience for teens to understand the dangers of texting while behind the wheel. The tour recently stopped here in South Florida including at Monsignor Edward Pace High School in Miami Gardens.

Car accidents can range from inconvenient to deadly. If you have been injured in a car accident, you need an experienced car accident attorney. Our firm has more than 25 years experience handling accident cases. Contact our Miami-Dade, Broward or West Palm Beach offices at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com.

One question I often get is, "what are contingency fees?" A case taken on a contingency simply means the lawyer's fees are due and payable only if there is a successful conclusion of the legal work. "Successful" usually means winning or settling a lawsuit in favor of the client (particularly in negligence cases), or collecting funds due with or without filing a lawsuit. In many states, such agreements must be in writing signed by attorney and client.

The fee is generally a percentage of the recovery (money won), but may be partly a fee for time worked and partly a percentage. Although fees are negotiable, a standard contingent fee in accident cases is one-third of the money won, unless particular difficulties exist with the case, making the attorney believe he/she has the right to ask for more. States vary but some put a cap on the amount of fee for cases handled for minors even if the parent as guardian ad litem agrees to more. Contingent fee agreements in criminal cases which depend on the outcome are unethical.

At the Law Offices of Robert Rubenstein, we get paid only after your case is resolved. If you have questions or think you may have a Florida personal injury claim, contact any of our three offices in Miami-Dade, Broward or West Palm Beach. Call 1-800-FL-Legal or go to rubensteinlaw.com.

Florida Wage & Hour Laws are pretty clear-cut and are designed to protect the rights of workers. But, as we've learned in recent weeks, companies don't always treat their employees fairly and within the law. Now, the US Department of Labor (DOL) is offering a high-tech tool to help workers keep track of their hours and even their paycheck.

DOL's new mobile apps are designed for employees to independently track the hours they work and determine the wages they are owed. This type of tool is designed to help employees who may not be getting paid the wages they've earned. With the app, they can talk to their employer about the disparity in pay. If that doesn't work, they can seek help from an experienced Wage & Hour lawyer.

The app is completely free and is also offered in Spanish: Una aplicación que permite a los empleados capturar independientemente las horas trabajadas y determinar el pago que deben recibir.

You may like your job and your employer, but if you're not getting paid what you deserve, you need an attorney with years of experience in Wage & Hour law to fight for your rights and your pay. At the Law Offices of Robert Rubenstein, we can answer your questions in a free consultation. Contact our Miami-Dade or Broward offices at 1-800-FL-Legal (355-3425) or go to rubensteinlaw.com.

Florida slip & fall accidents actually have an impact on the economy. This is according to a new survey by a national service professionals company (Cintas Corp). How? Every time a slip & fall accident happens on a restaurant's property, the result is fewer customers patronizing that restaurant. The survey was conducted to help restaurant owners better understand the implications of a slip and fall accident, by identifying how customers react to such accidents.

The survey found that nearly one in three adults -- or 60 million Americans -- would be unlikely to dine at a restaurant at which they knew someone had recently experienced a slip and fall accident. According to the National Floor Safety Institute (NFST), more than 3 million food service employees and more than 1 million restaurant customers are injured as a result of restaurant slips and falls.

The good news is the NFST is working to change that by helping restaurant owners implement safe floor programs. The goal is to reduce the likelihood of slip and fall accidents with a program to protect, maintain and deep clean floor surfaces, for example.

A slip and fall accident is terrible, no matter where it happens. If you've been injured in a restaurant or any other public place, you need an experienced slip and fall lawyer to handle your case. The consultation with our legal team is completely free. Contact the Law Offices of Robert Rubenstein at rubensteinlaw.com or call 1-800-FL-Legal (355-3425). We can help you get paid for your hard-earned work.