Every Now and Again Some Updates are In Order.

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A preliminary note: This article is being written during Memorial Day weekend. Memorial Day is not simply a day of sales and specials. It is a day to dedicate ourselves to the memories of our military forebears. Let us, then, take an additional moment to reflect on their lives and how they benefited our great country.

From time-to-time to move forward properly, one must step back to reflect how one arrived at where they find themselves. As readers of this series know, a good amount of attention has been paid to the Coronavirus/COVID-19 pandemic. (No, there will not be a footnote with an endless litany of topics covered as in the past. Let us, then, update a few of the topics of interest to Florida’s individuals, families, and businesses.)
We begin.


  • The Miami/Fort Lauderdale/West Palm Beach service and development of the Brightline [www.gobrightline.com] train service (now known as Virgin Trains USA) in Florida has been suspended, with no specific restoration date yet announced. However, rail development to Orlando remains underway.


  • The U.S. Department of Labor – Wage and Hour Division, has announced a new rule allowing employers to provide incentive pay and bonuses to employees with varying weekly hours. As described by the ‘WHD’:


The rule revises the regulation for computing overtime compensation for salaried, non-exempt employees who work hours that vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act (FLSA). It also clarifies that bonuses, premium payments, commissions, and hazard pay on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that employers must include supplemental payments when calculating the regular rate of pay as appropriate under the FLSA. The final rule includes examples and minor revisions to make the rule easier to understand. 2

Specifics about the new rule and its implementation.

  • (Here is a pandemic-related item, after all.) The U.S. Small Business Administration has issued the form for forgiveness of Payroll Protection Program loans. The form is complex, and counsel from a tax attorney or accountant (or both) should engaged. And a follow-up note – Forgiven expenses are not deductible.
  • (And another.) On a related matter, the SBA has made its pandemic-related materials available in a large number of languages besides English – seventeen, in fact.
  • (OK, yet another.) The current stay on residential evictions and foreclosures has been extended until June 2, 2020. Here are Governor Desantis’ extension Executive Order and original Executive Order.

That seems like a fair amount to digest.  There being more to follow, of course.

For information about Bogin, Munns & Munns’ own response to Coronavirus readiness.


Note: Citations are given to the sources to respect the original authors’ copyrights.

1 The items below are compilations of publicly available materials.

2 Source: U.S. Department of Labor – Wage and Hour Division May 20, 2020 e-newsletter.
– For more information, call Philip N. Kabler of the Gainesville, FL office of Bogin, Munns & Munns at 352.332.7688, where he practices in the areas of business, banking, real estate, and equine law. He has taught business and real estate law courses at the University of Florida Warrington College of Business Administration and Levin College of Law and is the President-Elect of the Eighth Judicial Circuit Bar Association.

NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.



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