The recent case of Michael Scantland v. Jeffry Knight, Inc. should serve as a cautionary tale to employers that rely on independent contractors. The case, which was filed in the Middle District of Florida, is a class action suit brought by cable technicians who claim they were wrongly classified as independent contractors so that their employer could avoid paying overtime wages. The trial court granted summary judgment to the employer, finding that the employees were independent contractors as a matter of law, but the Eleventh Circuit reversed the trial court.
A minority view to the contrary remains, which is supported largely by conservative political and religious views. Practitioners of these therapies have been described as using treatments “ranging from the novel and humorous to the appalling and dangerous.” Jonathan Sacks, “Pray Away the Gay?” an Analysis of the Legality of Conversion Therapy by Homophobic Religious Organizations, 13 Rutgers J.L. & Religion 67, 70 (2011). These include electroshocks, the inducement of nausea while watching same-sex erotic images, and hypnosis.
Kluger Kaplan attorney Josh M. Rubens has been selected as among the “40 Under 40 Outstanding Lawyers of Miami-Dade County,” awarded by the Cystic Fibrosis Foundation. Josh was selected for this recognition as a result of his outstanding representation of clients in complex business disputes, charity work, dedication to his profession, work ethic, outstanding leadership, and positive impact on the community.
“I am honored to be selected by the Chamber to lead the Emerging Leadership Council,” said Richard. “My grandfather was an active leader with the Miami Beach Chamber of Commerce and I am so thrilled to be following in his footsteps.”
In the recent case of Wolfe v. Foreman, the Third District Court of Appeals may have effectively eliminated malicious prosecution as a cause of action all together. Was that the intention of the court? Are defendants who were wrongfully sued no longer able to seek redress in the courts? Or is Wolfe limited to its facts?