Law & Disorder on May 23rd, 2018

Here is a link to the show Law & Disorder if you didn’t get a chance to hear it.

  • Question: Is your boss allowed to manually adjust your time clock hours?

  • Answer: It depends on the situation. If you are an hourly employee and you forgot to clock in, the manager can make the adjustments for you. However, if you have the time card stamped and people are saying you did not serve your hours and did not clock in when you should have, the manager are not allowed to adjust the time card.  

  • Question: If you have 50/50 custody arrangement, at what age does the child legally able to choose who she wants to live with?

  • Answer: As the child gets older, they may have some more impact on the judge’s decision, but the law does not allow the child to decide who they want to live with.

  • Question: How can I break my lease when my landlord won’t take care of a flea infestation in the yard? I am a nurse and I find them on my clothing when I try to get into my car.

  • Answer: If you have notified the landlord that you will leave the premises due to the infestation and they still have not corrected the issue, you can pursue a Constructive Eviction defense. It applies to landlords either doing something or failing to do something that they have a legal duty to provide. Also, review your lease to confirm that the landlord is responsible for fixing these issues.

  • Question: How much notice does an apartment complex have to give its residents when they sell the property? I was told that they have already sold the complex, yet no one has been notified.

  • Answer: Unless your lease specifically states that upon a purchase of the complex by another company your lease is invalid, you do not need to be concerned. Properties are sold quiet often and it does not affect the tenants lease.

  • Question: I was put on salary and was told that I would no longer get paid time and a half and overtime hours. However, I continued to work overtime on hourly wage without getting the compensation for the time and a half and over-time. Is this legal?

  • Answer: Review your employee contract and if conflicts with what is written on the agreement, then definitely contact a lawyer.

  • Question: I just moved to Florida from Jersey. I stopped paying on my house in Jersey, letting it go into foreclosure. Can they kick me out of my new home or what can I expect to happen now

  • Answer: No, they normally cannot kick you out. They may file a judgement against you and attempt to, but in Florida the property rights are clear. It will be difficult for them to take a house that is not under the original security agreement.

Listed below are other recent shows if you missed them during the week.

Law & Disorder with Kaufman & Lynd: May 16, 2018

Law & Disorder with Kaufman & Lynd: May 2, 2018

Law & Disorder with Kaufman & Lynd: April 25, 2018

Jeffrey S. Kaufman is currently licensed to practice law in Florida and seventeen other states. Jeffrey can be found on Justia Lawyers, Martindale Hubble, and

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