Weldon & Rothman, PL – Personal Injury and Employment Law Attorneys | Representing Southwest Florida – Naples – Fort Myers – Sarasota Telephone: (239) 262-2141

Working in the Retail Industry

Posted on April 10, 2014 by vmcgarity

Retail is a huge industry in Southwest Florida and across the state. According to the Bureau of Labor Statistics, Florida has the highest concentration of retail jobs of any state in the U.S. Additionally, Florida ranks number three in the nation for highest employment level in the retail occupation. Of the top five states with the highest employment level in retail, businesses in Florida pay their retail employees the least. Retail workers face a variety of different challenges, so it many cases, it may be necessary to speak with an experienced employment law attorney. Overtime violations, wrongful termination and unfair compensation are just a few of the issues that retail workers across the nation face each day.

Minimum Wage in Retail

Most retail workers, and many long-time retail associates, get paid minimum wage. Often times, they may only be asked to come in for short shift durations too. In Florida, the state mandated minimum wage is $7.79 per hour, which is higher than the federal minimum wage of $ 7.25 an hour. No matter what your employer tells you, you’re entitled to the larger state-mandated minimum wage. Until the federal minimum wage gets raised, you’re entitled to the larger of the two sums.

What About Overtime?

Retail operations are required to pay their qualifying employees overtime under the Fair Labor Standards Act (FLSA). It’s not uncommon for unscrupulous retail managers and business owners to attempt to reclassify employees in order to avoid paying rightful overtime hours. Additionally, an employer may ask an employee to work off the clock, or not pay an employee for certain types of breaks.

When to Contact an Employment Law Attorney

If you’re having trouble with your retail employer or you suspect they’re conducting some type of illegal practice, contact an experienced Southwest Florida employment law attorney as soon as possible. Whether you’ve been wrongfully terminated or unfairly compensated for your time, speaking with an attorney should be your top priority. Many employment law cases are time-sensitive, so the sooner the ball gets rolling on your case, the better. If your employer isn’t paying you minimum wage or your rightful overtime pay, contact the skilled employment law team at Weldon and Rothman, PL for a consultation today.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star. He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

Local Meteorologist Injured in Bicycle Crash

Posted on April 7, 2014 by vmcgarity

On Sunday, local Meteorologist Jim Reif was injured in a bicycle crash. According to NBC Channel Two News, Reif was riding on Ben Hill Griffin Parkway when his bicycle struck a sign. He was thrown to the ground and suffered from injuries to the head. There is no word yet on why or how his bicycle struck the sign. First responders were on the scene swiftly, because the incident happened less than a mile away from a fire station. Jim Reif, Director of Meteorology at NBC Channel Two News, has been a household name in Southwest Florida for decades. As of Sunday, his injuries were described as traumatic and his condition was listed as grave.

Bicycle Safety in the National Spotlight

A few weeks ago, we reported on the U.S. Department of Transportation’s disregard for bicycle safety. Concerned citizens and members of the League of American Bicyclists contacted their representatives during the National Bike Summit. They asked congress members to sign on to the Bicycle and Pedestrian Safety Act: HR 3494/ S 1708. As more and more people turn to eco-friendly forms of transportation, the need for an increase in bicycle and pedestrian safety measures across the nation is absolutely critical.

Bicycle Safety in Southwest Florida

Bicycle safety in Southwest Florida needs to be a top priority for law makers, motorists, citizens and cyclists. Cyclists can improve their own personal safety by always wearing protective gear and obeying all traffic signs and signals. Additionally, high-visibility clothing, reflectors and flashing lights can improve visibility. It’s important to note that it isn’t enough to just wear a helmet and high-visibility clothing. Drivers need to lookout for bicyclists and share the road.

Sharing the Road

Sharing the road with cyclists, pedestrians and motorcycle riders is the only way to keep roadways safe for all commuters. Roadways in Southwest Florida aren’t just for cars, trucks and SUV’s. In addition to sharing the road and respecting cyclists, drivers need to put down the electronic devices. Even a seemingly minor collision with a bicycle at relatively low speeds can cause devastating and fatal injuries to a cyclist. The team at Weldon & Rothman, PL wishes Mr. Reif a full and speedy recovery.

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

Posted in Uncategorized | Tagged bicycle safety southwest florida, Jim Reif bicycle, Jim Reif bike crash, Meteorologist injured in bicycle crash, naples personal injury lawyer, southwest florida personal injury attorney | Leave a comment

What You Need to Know About Whistle Blowing

Posted on April 3, 2014 by vmcgarity

If you’re considering “blowing the whistle” on illegal practices going on in your workplace, there are a few things you should know first. Historically, whistle blowers have faced ruthless retaliation in response to taking a moral stand against misconduct and illegal business practices. Just because you blow the whistle, that doesn’t give your employer a free pass to violate your rights. It’s important to speak with an experienced employment law attorney to make sure your rights aren’t being violated.

When Employees Blow the Whistle

Employees who feel a moral obligation to blow the whistle on their employers need to understand that they still have rights. If you’re exposing an organization’s misconduct, you can’t legally be retaliated against. Unfortunately, it has been an all-too-common practice in the past for employers to immediately retaliate against whistle blowers, with little or no consideration for the law. Luckily, whistle blowers can still file lawsuits against employers who retaliate.

Why is Retaliation Scary?

In our uncertain economic climate, where growing worker insecurity seems to be the norm, potential whistle blowers may be less likely to report misconduct and illegal business practices out of a fear of losing their jobs. Although retaliation is illegal, it still happens. The only way to protect yourself in this type of situation is to contact a skilled employment law attorney as soon as possible. Listed below are a variety of illegal retaliatory actions that employers may take after an employee blows the whistle on misconduct.

Illegal Retaliation against Whistle Blowers

Firing a whistle blower
Demoting or reducing the wage of a whistle blower
Making a bad-faith decision regarding a transfer, raise or promotion involving the whistle blower
Denial of raises, benefits or promotions of a whistle blower
Suspending a whistle blower

When to Speak With an Employment Law Attorney

You should speak with an employment law attorney if you have already blown the whistle or if you are considering blowing the whistle. If you have been retaliated against, you may be entitled to compensation for economic damages associated with you case including back wages, loss of future earnings and damages associated with emotional pain and suffering. Contact the experienced employment law team at Weldon & Rothman, PL at (239) 262-2141 for a consultation on your case.

Posted in Employment Law | Tagged employment law attorney southwest florida, naples employment law attorney, naples employment lawyer, southwest florida employment law, Whistle Blower, whistle blower attorney, whistle blower retaliation | Leave a comment

Distracted Riding in Fort Myers

Posted on April 1, 2014 by vmcgarity

Everybody is familiar with distracted driving, but what about distracted riding? With all of the concern given to sharing the road and trying to keep motorcyclists safe, it’s hard to believe that anybody would be taking “selfies” or using any kind of electronic device while riding. Fox News Channel Four recently reported on a video of a Fort Myers motorcycle rider who takes her hands (and attention) away from the task or riding to take a photo of herself.

Electronic Distractions Aren’t Just For Drivers

Surprisingly, electronic distractions aren’t just for drivers anymore. Everybody knows that texting, taking photos, checking emails and web browsing are all dangerous behaviors behind the wheel. It’s almost hard to believe, that with all of the concern over sharing the road with motorcycle riders, anybody would ride distracted.

Motorcycle Riders Have Enough to Worry About

Motorcycle riders in Southwest Florida and across the U.S. have enough to worry about without putting themselves and their fellow riders and drivers in danger. Drivers are continuously being asked to “Share the Road” with motorcycle riders. Riders have to worry about distracted drivers, impaired drivers, roadway debris, inclement weather conditions and a variety of other factors just to stay alive and get safely to their destinations.

A Wreck Involving a Distracted Driver or Rider

After any wreck involving a distracted driver or rider, you should speak with an experienced personal injury attorney as soon as possible. In many cases, we hear about distracted drivers putting the lives of motorcyclists at risk, but what about when the tables turn? A distracted rider is first and foremost, putting him or herself at very grave risk. The rider will obviously have the least amount of protection in the event of a crash. Helmets, jackets, gloves and boots can only do so much. It’s not like having airbags, seatbelts and a steel cage. Secondly, a distracted rider can become a dangerous projectile and an out-of-control bike can pose a dangerous and deadly threat to other motorists on the roadway. Whether you get behind the wheel or ride a motorcycle, you should never take your attention away from the roadway. Lives depend on it.

Posted in Personal Injury | Tagged distracted driving fort myers, distracted riding, fort myers distracted motorcycle rider, fort myers personal injury lawyer, motorcycle accident, motorcycle rider taking selfies, motorcyclist selfies | Leave a comment

Need to Know: Family and Medical Leave Act (FMLA)

Posted on March 27, 2014 by vmcgarity

Employees who become sick, have a baby or care for a family member with a medical condition shouldn’t have to worry about losing their jobs due to a necessary leave of absence. Thankfully, eligible employees’ jobs are protected by the Family and Medical Leave Act. The Family and Medical Leave Act, also known as FMLA, allows eligible employees a leave of absence from their place of work in a variety of situations. Employers in Florida who have at least 50 employees for at least 20 weeks during the year must allow their eligible employees to utilize FMLA leave time under certain circumstances.

When You Need to Take Leave

The FMLA protects workers who need to take a medical-related leave of absence from their job for a number of different reasons. You may be recovering from a serious illness or injury. The FMLA also applies to a parent who needs time to bond with a new baby or adopted child. It’s not always the employee who has a medical condition or situation to deal with. Sometimes, the person may take a leave of absence to care for a sick family member. It’s also important to note that special circumstances apply to military members and their families. Victims of domestic violence also have the right to take leave without losing their jobs.

Determining Eligibility

Taking leave under the FMLA applies only to eligible employees. Determining eligibility involves both the size of the company and how long you’ve worked there. You need to have been working at your current company for at least one year prior. Also, you need to have worked at least 1,250 hours in the last year. Finally, the company needs to have at least 50 people employed within a 75 mile radius.

When to Contact an Employment Law Attorney

Under the FMLA, you are entitled to job-protected leave. In many cases, eligible employees are entitled to up to 12 workweeks of leave in a year. Eligible employees who need to care for a service member may take up to 26 workweeks of leave in a 12-month period. If your rights have been violated or your employer has retaliated against you in some way, you should contact an experienced employment law attorney as soon as possible.

Posted in Employment Law | Tagged employment law attorney naples, family and medical leave act, FMLA, FMLA lawyer, fmla violation, fort myers employment law attorney, naples employment lawyer | Leave a comment

GM Vehicles Being Recalled Due to Faulty Ignition Switches

Posted on March 24, 2014 by vmcgarity

In addition to the “snowstorm” of lawsuits being filed in response to the faulty ignition switches on certain General Motors vehicles, the company is now under the spotlight of the U.S. Justice Department. According to NBC News, a shareholder has filed a class-action lawsuit against GM and is claiming that the company defrauded shareholders in the way the recall has been handled. At this time, the defective ignition switches have been blamed for at least 12 deaths and 31 crashes. General Motors has recalled approximately 1.6 million vehicles because of this problem.

What’s Wrong With The Ignition Switches?

The faulty ignition switches in the models listed below have the potential to turn to the “off” or “accessories” positions unexpectedly and without warning. This means that a car’s engine or electrical systems can shut off at unexpected times, which can put drivers and passenger occupants in dangerous or deadly situations.

Models Being Recalled Due to Faulty Ignition Switches

• 2005-2007 Chevrolet Cobalt, Pontiac G5, and Pontiac Pursuit
• 2003-2007 Saturn Ion
• 2006-2007 Chevrolet HHR
• 2005-2007 Pontiac Solstice
• 2007 Saturn Sky

Are You Driving One of These Vehicles?

If you’re driving one of these vehicles, the National Highway Traffic Safety Administration (NHTSA) has a few tips. The NHTSA reports that GM recommends only using one single key in the ignition switch when turning on and operating the motor vehicle. They report that using key rings, additional keys and key chains on the single key can be even more dangerous. Drivers are asked to stop using heavy key rings immediately. Additionally, if your car is one of the models being recalled, you should contact your local dealership or service center immediately, if they haven’t already contacted you. It’s absolutely critical that you get the necessary repairs as soon as parts become available from General Motors.

If You’re Hurt in a Crash Involving a Faulty Part

It isn’t just other drivers that can cause crashes. Faulty and defective car parts can be responsible for wrecks too. After any crash, it’s a good idea to speak with an experienced personal injury attorney. If you or a loved one has been injured while driving or riding in a motor vehicle with a defective or faulty part, contact the skilled team at Weldon & Rothman, PL today for a free consultation.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com
Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

Posted in Personal Injury | Tagged chevy cobalt, faulty ignition switch, general motors recall, gm recall, ignition switch chevy hhr, naples perosnal injury lawyer, personal injury attorney fort myers, pontiac g5, pontiac pursuit, pontiac solstice, saturn sky | Leave a comment

What Mega-Store Employees Need to Know

Posted on March 20, 2014 by vmcgarity

When workplace violations happen in mega stores like Walmart and Target, they often make the news. Store-wide scandals are newsworthy topics, but not every workplace violation sees the light of day, so employees should always be well aware of their rights. Workers at companies like Walmart, Target, Costco and Sam’s Club face just as many workplace issues as employees in a variety of other industries across the state.

Discrimination and Harassment

Although mega-store managers and hiring professionals may have ‘corporate’ viewing their practices a little closer than smaller companies, discrimination and harassment can happen anywhere. If you’re ever discriminated against or harassed by somebody at work, you should absolutely speak with an employment law attorney swiftly. You shouldn’t have to work in a hostile environment.

Overtime Violations

If you’re working overtime hours, and you’re not getting fairly compensated for them, there’s a problem. Your managers should never have you working ‘off the clock.’ Additionally, you should also know that work-from-home hours count toward overtime too. Finally, certain breaks and ‘working’ lunches can also be counted towards overtime.

Wrongful Termination and Unemployment Compensation

Finally, even though Florida is a right-to-work state, wrongful termination does exist. Florida’s right-to-work status doesn’t give your manager a free pass to fire you for discriminatory reasons. You should also contact a skilled employment law attorney if you’re being denied your rightful unemployment benefits. It’s not uncommon for some unscrupulous chain stores to retain high-powered legal counsel to maximize profits at the expense of employees and former employees. They may try to distort the events leading up to your termination to get out of paying unemployment benefits. If your claim is denied, and you believe you are rightfully entitled to unemployment benefits, you need to file an appeal and contact an experienced employment law attorney as soon as possible.

After a Workplace Violation

Since most workplace violations are time-sensitive, you should contact an experienced employment law attorney swiftly. Whether you’re dealing with unlawful retaliation from an employer, racial discrimination or an overtime violation, the experienced team at Weldon & Rothman PL can help get the ball rolling on your case.

Posted in Employment Law | Tagged discrimination, employment law attorney southwest florida, employment law violation, mega stores, sexual harassment, target workplace violation, unemployment benefits, walmart | Leave a comment

Federal Government Turns Blind Eye to Bicycle Safety

Posted on March 18, 2014 by vmcgarity

The League of American Bicyclists just issued a press release regarding the U.S. Department of Transportation’s disregard for bicycle safety. This disturbing news involves a new traffic safety proposal that doesn’t include specific targets or goals for reducing the number of bicyclists and pedestrians killed on U.S. roadways. Recently, 700 people contacted their congress members during the National Bike Summit. Participants asked members of congress to sign a critical bill that would require the U.S. Department of Transportation to establish a specific target to improve the safety of cyclists and pedestrians.

Bicycle Crash Info

Even though only about one percent of all trips taken in the United States are by bicycle, cyclists have a much higher risk for crash-related injury and death when compared with occupants of traditional motor vehicles.

Just the Facts

In 2010, nearly 800 cyclists were killed in traffic crashes.
An estimated 515,000 emergency room visits were due to bicycle-related injuries in 2010.
Most cyclist deaths occur in urban areas and at non-intersection areas.
Children, adolescents and young adults have the highest rates of nonfatal bicycle injuries.
Male cyclists are more likely to be killed or injured on bicycles than their female counterparts.

Keeping Cyclists Safe

There are a number of safety precautions that cyclists can take to improve their overall safety when traveling the roadways in Southwest Florida. Ultimately, it’s up to drivers to look out for bicycle riders and pedestrians. Keeping bicyclists and pedestrians alive means sharing the road properly. Expect cyclists everywhere. Don’t get comfortable when you’re in bumper-to-bumper traffic or slow speed limit areas. Even hitting a cyclist or pedestrian at relatively lows speeds can cause devastating or fatal injuries. Always give cyclists plenty of room, and put down the phone. Driving distracted is a sure way to injure or kill a cyclist.

What Can You Do?

If you think cyclist and pedestrian safety issues are top priorities, you can ask your members of Congress to sign on to the Bicycle and Pedestrian Safety Act: HR 3494/ S 1708. Additionally, keep up with the latest cyclist news at the League of American Bicyclist’s page for updates. If you or a loved one has been struck by a car while riding a bicycle or walking, contact the experienced team at Weldon & Rothman, PL today at (239) 262-2141 for a free consultation.

Posted in Personal Injury | Tagged american league of bicyclists, bicycle safety, bicycle safety act, bicycle safety southwest florida, bike accident attorney, fort myers bicycle accident attorney, naples bicycle accident, personal injury lawyer naples | Leave a comment

When is Termination Wrongful?

Posted on March 13, 2014 by vmcgarity

Because employees in Florida work in an ‘at-will employment’ state, they may not know that wrongful termination can still occur. Even though you can basically get fired for any number of reasons or no reason at all, employers in Florida still have to comply with federal laws. This means that workers can’t legally be fired for reasons involving their race, age, gender, disability, country of national origin or color. The at-will employment status of our state doesn’t allow for or endorse discrimination.

Florida is an At-Will Employment State

Workers in Florida are likely very familiar with being employed in an ‘at-will employment’ state. Unfortunately, some employers will fire an employee for a discriminatory reason and try to get away with it under the at-will status. Perhaps, they think they can get away with it, or maybe they think the employee won’t question it because, after all you can get fired for a number of reasons in an at-will employment state or for no reason at all. Even with Florida’s at-will employment status, termination can still be deemed wrongful in a variety of situations, especially when some time of discrimination is involved.

Examples of Wrongful Termination in an At-Will Employment State

Getting fired because of your age.
Getting fired because of your race.
Getting fired because of your gender.
Getting fired because of your religious affiliation.
Getting fired because of your disability.

When to Call an Employment Law Attorney

If you have been wrongfully terminated, you should contact an experienced Southwest Florida employment law attorney as soon as possible. You may be able to collect compensation for your damages associated with the wrongful termination. An attorney can help you through the complicated legal processes involved with this type of case. Cases are time-sensitive, so the sooner you contact an attorney the better. Your employment is your livelihood, and you can’t afford to lose your job because of discriminatory or wrongful practices. Even if you’re not sure if you’ve been wrongfully terminated or not, you should still speak with an attorney. Working in an at-will employment state doesn’t give your employer the power to terminate you for discriminatory reasons. Contact the experienced team at Weldon & Rothman, PL for a consultation today.

Posted in Employment Law | Tagged at-will employment state, employment law attorney naples, employment law wrongful termination, naples wrongful termination, southwest florida employment law attorney, wrongful termination in an at-will employment state, wrongful termination southwest florida | Leave a comment

Early Morning Crash on I-75

Posted on March 11, 2014 by vmcgarity

An early morning crash in North Fort Myers had lanes of southbound I-75 closed for two and a half hours. According to Fox Four News, two people were injured in this wreck. Officials with the Florida Highway Patrol (FHP) said that a 34-year-old driver, Ryan Suta, stopped his car facing west, blocking both of the southbound lanes of I-75 on the Caloosahatchee Bridge.

At about 5:30 a.m., 26-year-old Rachel Robel was headed south on I-75 when she came upon the parked car. In the dark early morning hours, she was unable to stop in time to avoid hitting him. She struck the right side of his car. She and her passenger, 31-year-old Jordan Izzo, both sustained injuries during the crash. Suta was cited for careless driving by the FHP. Very few details have been released on how this could have happened, and why Suta’s car was stopped sideways in the middle of the roadway. This crash is likely still under investigation.

Car Accidents in Florida by The Numbers

Motor vehicle wrecks are the leading cause of death for children, teens and young adults.
Over 30,000 people die in crashes every year across the U.S.
Each year in Florida, total crash-related deaths cost $3.16 billion.
About $40 million of that is in medical costs, and $3.12 billion is measured as costs related to work loss.

After a Car Accident in Southwest Florida

After any kind of wreck, you should always take care of your medical needs first. Once you’ve been evaluated by a doctor, you can worry about dealing with your insurance company, the other party’s insurance company and getting compensation for your injuries. Victims are likely facing expensive medical bills, lost wages from missing work and other damages associated with car accidents. If another person’s careless or negligent actions sent you to the hospital, you should speak with an experienced personal injury attorney as soon as possible. It’s not always easy to deal with insurance companies. In fact, in spite of faithfully paying monthly, quarterly or annual premiums, it’s not uncommon for victims to have trouble with their own insurance companies too. Let a skilled Southwest Florida car accident attorney handle the details, while you get back to your real life.

Posted in Personal Injury | Tagged car accident attorney southwest florida, car accident I-75, car crash I-75, fort myers car crash, personal injury lawyer, southwest florida personal injury attorney | Leave a comment

Weldon & Rothman, PL – Personal Injury and Employment Law Attorneys

Working in the Retail Industry

Local Meteorologist Injured in Bicycle Crash

What You Need to Know About Whistle Blowing

Distracted Riding in Fort Myers

Need to Know: Family and Medical Leave Act (FMLA)

GM Vehicles Being Recalled Due to Faulty Ignition Switches

What Mega-Store Employees Need to Know

Federal Government Turns Blind Eye to Bicycle Safety

When is Termination Wrongful?

Early Morning Crash on I-75

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