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From Our Newsletter

Workers’ Comp Insurance Rate Cut Effective January 1

On November 6, Florida Insurance Commissioner David Altmaier issued a final order approving a 7.5% decrease for Florida workers’ compensation insurance rates.  The rate cut goes into effect January 1, 2020, and applies to both new and renewal workers’ compensation insurance policies effective in Florida. This is the third straight year workers’ comp insurance rates […]

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Don’t File Suit in the Wrong Court – Jurisdictional Changes Coming January 1

Changes in Florida state law and the Florida Rules of Procedure will be effective January 1, 2020, changing where a variety of court actions are heard. Currently, county courts in Florida have jurisdiction over claims up to $15,000 and Florida’s circuit courts have jurisdiction over claims in excess of $15,000.  The limit on claims that […]

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Local Licensing Laws Challenged

Local licensing laws have historically been difficult to navigate.  Ranging from licenses that are not identified in Florida Statutes such as masonry or counter-top installer licenses, to the use of registered licenses in specific jurisdictions, local licenses make it difficult for contractors working across county lines to determine which licenses are needed and how that […]

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OSHA’s Revision of Its Weighting System

Effective October 1, 2019, the Occupational Safety and Health Administration (“OSHA”) revised its weighting system, moving from the Enforcement Weighting System (“EWS”) to the new OSHA Weighting System (“OWS”). OSHA utilizes a weighting system to evaluate the allocation of its resources in order to maximize its enforcement activities and potential impact on critical areas. In […]

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Immigration Law: Public Charge Rule

The new public charge rule that was supposed to be implemented by USCIS on October 15, 2019 has been blocked by three U.S. District Court judges. The rule sought to change how the calculation of use of public benefits by an immigrant was made, thereby increasing the number of public benefits that would be considered […]

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Department of Labor Overtime Final Ruling

On September 27, 2019, the Department of Labor issued a final rule on overtime, officially named “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees,” which updates and revises the “white-collar” overtime exemption regulations under the Fair Labor Standards Act. The final rule updates earnings thresholds necessary to exempt executive, […]

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OSHA’s August 15th Request for Information on Silica

As many of you are aware, on March 25, 2016, OSHA issued new standards governing the potential exposure limit (“PEL”) for Respirable Crystalline Silica (“RCS”).    On August 15, 2019, OSHA issued a Request for Information (“RFI”) seeking information concerning this regulation and its implementation under Table 1 of the 2016 RCS standard for construction.  Table […]

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Hilary Morgan Board Certified in Construction Law

Tampa, FL, July 31, 2019 – Cotney Construction Law (CCL) is proud to announce that effective August 1, 2019, attorney Hilary Morgan will be Florida Bar Board Certified in Construction Law. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and reputation for professionalism and ethics in their practice. “This […]

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New Bill for OSHA Heat Standard

From military branches to various states, many different heat prevention guidelines have been promulgated; however, there is still no federal standard for heat prevention. For this reason, a new construction bill is in the works. Introduced on July 10, 2019 and referred to the House Committee on Education and Labor, the bill, H.R. 3668, would […]

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Appellate Court Declares Arbitration Provision in Home Builder’s Warranty Deed is Binding on Subsequent Homeowner

The Second District Court of Appeals has recently declared that the arbitration provision contained within the warranty deed of a single-family home was binding on subsequent homeowners. In Hayslip v. U.S. Home Corporation, Case No. 2D17-4372 (July 10, 2019), the plaintiff homeowners (the Hayslip’s) sued U.S. Home for allegedly inadequately and improperly installing a stucco […]

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