Lowell J Kuvin’s Answers

Lowell J Kuvin

Miami Employment / Labor Attorney.

Contributor Level 9
  1. Filed an fdcpa-based complaint and want to refile amended complaint after the defendant's answer

    Answered over 2 years ago.

    1. Lowell J Kuvin
    2. Charles F Basil
    3. Jonathan Joseph Warrick
    3 lawyer answers

    You can file an amended complaint, however, In order to file an amended complaint, you will need to first file a motion for leave to file an amended complaint; asking the court for permission. You can first ask opposing counsel if s/he has any objection to you amending. Put their response in your motion. Make sure you attach a copy of the amended complaint to the motion for permission to amend. These case can be very complicated as you can see from my answer. I suggest, as the other...

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  2. One of my personal e-mails from my personal home e-mail address was forwarded to a company higher-up.

    Answered over 2 years ago.

    1. Lowell J Kuvin
    2. Barry A. Stein
    3. Christine C McCall
    3 lawyer answers

    If what you wrote in the email is true, then sharing the email could not be defamation. However, what I do see is your being harassed at work because your boss has shared your concerns, as a union representative or personal, with other workers. You say you have already addressed the harassment issue with HR and a labor attorney. Sounds to me as if you have already done everything you need to do for now.

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  3. Any way around the Statute of Limitations in an FLSA Overtime case?

    Answered 11 months ago.

    1. Lowell J Kuvin
    2. Derek William Bernstein
    3. Mitchell Lloyd Feldman
    4. Orin R. Kurtz
    4 lawyer answers

    The statute of limitation for an overtime claim is two or three years under the FLSA. Florida does not have not overtime statute, it has a regular wage amendment. There are two ways to attempt to recover (other than mentioned above). First, fraud. Did the employer tell your friend he was exempt from overtime? If so, and your friend relied upon that information to his detriment, there might be a claim for fraud. Second, if you friend was not paid for all of the hours he worked, then the Florida...

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  4. I'm a Viet Nam vet; I suffered perceptible hearing loss in 1 ear; my ENT doc says both ears are affected.

    Answered about 1 year ago.

    1. Glenn Jay Holzberg
    2. Clifford M. Miller
    3. Lowell J Kuvin
    4. David Ian Schoen
    5. Christian K. Lassen II
    5 lawyer answers

    I am also a Vet who has hearing loss due to service related activities. You need to visit your local VA. Bring a copy of your ENT records and get diagnosed. You will also need to fill out forms to make a claim. The VA will help you. If you feel they are not helping you or giving you bad advice, contact a local attorney who handles VA claims.

    3 lawyers agreed with this answer

  5. In Florida is it legal for an employer to pay for two hours if you work for three?

    Answered over 2 years ago.

    1. David Joseph Rodziewicz
    2. Lowell J Kuvin
    3. Barry A. Stein
    3 lawyer answers

    Forcing employees to work off the clock is illegal. However, there are exceptions such as when you are a commissioned sales employee. If your daughter is being paid a percentage of the money received for the party, she may fall under the exception. You need an attorney that deals specifically with hospitality labor and employment law. Our law firm does exactly exactly that; hospitality labor and employment law.

    3 lawyers agreed with this answer

  6. Can I sue my former employer for firing me under false pretenses in Florida?

    Answered over 2 years ago.

    1. Lowell J Kuvin
    2. Stuart M. Address
    3. Randall Jay Love
    4. Meghan Hayes Slack
    4 lawyer answers

    I agree with Ms. Slack's answer, and wanted to add that, in my opinion, you would still qualify for unemployment compensation. Additionally, if the information you posted is accurate, your ex-employer should not be able to give you a bad reference if a prospective employer were to call and ask about you.

    3 lawyers agreed with this answer

  7. If your employer forbids you to work overtime and you work it anyways, do they have any legal reason not to pay you it?

    Answered over 2 years ago.

    1. Lowell J Kuvin
    2. Stuart M. Address
    3. Christine C McCall
    4 lawyer answers

    If your employer knew or show have known you were working overtime in violation of the policy, the employer must still pay you for the overtime hours you worked. Here is an excerpt from the DOL on the matter: Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct...

    3 lawyers agreed with this answer

  8. How can I force my employer to pay me my owned wages?

    Answered about 1 year ago.

    1. Lowell J Kuvin
    2. Abed Al-Hamid Ayoub
    2 lawyer answers

    Not sure why attorneys who are not licensed to practice in Florida are answering these questions. Miami has a wage theft ordinance and it works very well. You can file a claim and ask to be paid the wages your employer owes you. If the hearing officer finds in your favor, he can award up to three times the wages you are owed. I suggest you contact a local labor attorney who handles these types of cases. As for forced resignation, you can also collect unemployment benefits if you can...

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  9. I took a alcohol swab test at work and my test came back over the top but that is impossible because I do not drink I was fired

    Answered almost 2 years ago.

    1. Lowell J Kuvin
    2. Eric J Trabin
    2 lawyer answers

    It is my understanding of Florida law that if your employer runs a drug-free workplace the results of the alcohol test must be reconfirmed within three days with another test. Companies that run a drug-free workplace reseda discount on their Workmen's Comp. insurance. I would inquire if your ex employer runs a drug-free workplace. This information may be attainable from the state agency that regulates Workmen's Compensation. Good luck!

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  10. My former employer is appealing my unemployment benefits. Florida

    Answered almost 2 years ago.

    1. Lowell J Kuvin
    2. Barbi L Feldman
    2 lawyer answers

    I disagree with the opinion of the other attorney. It is my understanding that if you resigned your position and then were reemployed and then let go with no fault of your own, you are entitled to unemployment benefits from the time you were let go from your "next job." I would agree that if you resign your position, you normally would not be entitled to unemployment benefits. However, you were employed by the second higher paying job, full time, and then "fired." My understanding of...

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