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June 2015 Archives

What can I do to change property zoning requirements in Miami?

As a commercial real estate owner in Miami, FL, you may want to use your property for a purpose that is not included in the current zoning requirements. Getting the property re-zoned is often not possible. However, you may be able to get a waiver that allows you to use your property in the way that is most beneficial to you, as long as it does not cause hardship to anyone else. This waiver is called a variance, and the City of Miami’s Planning and Zoning Department typically issues one to provide authorization for changes to the following:

Employers have a duty to accommodate employee religious practices

According to the U.S. Equal Employment Opportunity Commission statutes, Title VII forbids all employers, including those in Florida, to engage in discriminating behavior during any point of the employment process. This rule was further clarified by a recent U.S. Supreme Court decision in the case, Equal Employment Opportunity v. Abercrombie & Fitch Stores Inc., and places a further burden of proof responsibility on employers.

Employer’s rights under the Family and Medical Leave Act

While an employee here in Miami, Florida is on leave under the Family and Medical Leave Act, many people believe that the worker may not be legally terminated, even when an employer has just cause. However, according to the United States Department of Labor, there are exceptions that may not be considered wrongful discharge. Private companies with fewer than 50 employees may not be subject to the FMLA. For those that do qualify, the burden of proof is on the employer, and any action taken must be carefully considered and backed up with accurate and complete documentation.

How do non-material and material contract breaches differ?

If you are in the construction industry here in Miami, it is important for you to understand the difference between a non-material and material contract breach. A non-material breach occurs when something in the contract is changed without approval, but the change can be rectified in some way. This may involve fixing the faulty work or paying the difference in costs. For example, if you install a brand of drywall other than the one in the specifications, even though the substitution performs equally well, you have a non-material breach. Therefore, you would probably pay the owner the difference in the value of the two types of drywall.

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