The Miami Law Firm

The Miami Law Firm South Florida Attorneys helping clients in family law, labor and employment law, business law, hospitality law, and more.

What is the Family and Medical Leave Act of 1993 (FMLA), and what does it mean?The Family and Medical Leave Act of 1993 ...
02/08/2019

What is the Family and Medical Leave Act of 1993 (FMLA), and what does it mean?

The Family and Medical Leave Act of 1993 (FMLA) is a federal law that requires employers to give covered employees unpaid, job protected leave from employment.

Coverage for employees generally requires that the employee:

• Worked for a covered employer for at least 12 months that need not be consecutive.
• Worked at least 1,250 hours during the 12 months immediately before the first day of the requested leave.

Coverage for employers requires a minimum of 50 employees. Employees are not covered if both:
• They work at a facility with fewer than a total of 50 employees.
• The employer has fewer than a total of 50 employees working within 75 road miles of that facility.

Qualifying reasons for FMLA leave may include:
• Birth and care of an employee's newborn child.
• Incapacity due to:
• pregnancy;
• prenatal care; or
• the employee's serious health condition after birth.
• Placement of an employee's adopted or foster child with the employee.
• Care of an employee's immediate family member (spouse, child, or parent) with a serious health condition.
• The employee's serious health condition that prevents the employee from performing the functions of the job.
• Providing care for a family member who is a covered servicemember who has a serious injury or illness.
• Certain qualifying emergencies because a military member is on covered active duty, is on call to covered active duty status, or has been notified of an impending call or order to covered active duty status.

If you’re an airline employee, there are special rules for airline flight crew employees.

Want more information? Call us for a free consultation at (786) 454-2411. Or send us an email at [email protected].

What is the Family and Medical Leave Act of 1993 (FMLA), and what does it mean? Employers are required to give leave to employees under certain circumstances.

01/07/2019

Mom's who took Zofran during the pregnancy may find that their child had some birth defects such as cleft pallet and heart disease. Read more about it https://thelawmiami.com/zofran-lawsuit/

Child Custody Decisions are critical keeping in mind what's best for the child.  Determining fatherhood, who takes physi...
10/11/2018

Child Custody Decisions are critical keeping in mind what's best for the child. Determining fatherhood, who takes physical custody of the child, and so many questions are discussed for you in our blog post. Call today if you have any questions, the consultation is free. 786-454-2411.

One of the most critical issues in family law is when child custody is involved. Parents may be going through divorce or separation and the relationship with the other parent...

Free Legal Lunch & Learn for Hotels & resorts. We will come to your hotel and train your team on contracts, employment, ...
09/15/2018

Free Legal Lunch & Learn for Hotels & resorts. We will come to your hotel and train your team on contracts, employment, etc. We will work our presentation around your needs. Contact us today, offer is limited to availability.

Free Legal Lunch and Learn for Hotels and Resorts. We come to you and update you on Hotel Law and train your staff over lunch.

Put a lawyer on your company's side. Special Corporate Counsel Packages for Small Business Owners who would like to send...
09/12/2018

Put a lawyer on your company's side. Special Corporate Counsel Packages for Small Business Owners who would like to send that demand letter out or simply respond to one, or file a lawsuit against those who try to take your hard-earned profit.

As a serious law firm, we take pride and joy in protecting small businesses that are harmed by their inability to hire attorneys because the amount of money owed to the company is small. We understand that as a small business, every dollar counts, and that cash flow is key for the success of your bu...

1444 Biscayne Blvd., Suite 115-08, Miami, Florida 33132.
09/04/2018

1444 Biscayne Blvd., Suite 115-08, Miami, Florida 33132.

Find out the ways a parent’s rights may be terminated is when the parent of a child is incarcerated.
08/09/2018

Find out the ways a parent’s rights may be terminated is when the parent of a child is incarcerated.

One of the ways a parent’s rights may be terminated is when the parent of a child is incarcerated and either: 1. The period of time for which the parent...

Estate if one spouse is a non-citizen.An unlimited marital deduction is generally available for transfers of property to...
07/20/2018

Estate if one spouse is a non-citizen.

An unlimited marital deduction is generally available for transfers of property to a spouse if that spouse is a US citizen. That means that spouses who are US citizens can transfer property to each other either during life or at death without any estate or gift tax liability. However, that same unlimited marital deduction isn’t available for transfers of property to a non-citizen spouse.

If one spouse is a US citizen and the other spouse is not, it’s important to take into account special rules that apply to transfers to and from a non-citizen spouses to avoid the estate and gift tax or the inadvertent use of the US citizen spouse's estate and gift tax lifetime exclusion amount.

The US transfer tax rules applicable to gifts made during life and at death depend on whether the transferor and transferee are:
• US citizens.
• US resident non-citizens (resident aliens).
• Non-residents and non-citizens of the US.
Keep in mind that there is a difference between a non-citizen's residence for transfer tax purposes and the determination of residence for income tax purposes.
Residence for Income Tax Purposes

Residence is determined for income tax purposes as follows:

• Permanent residence as a green card holder.
• Chooses to be treated as a permanent resident.
• Has a substantial presence in the US in a given year.
Residence for Transfer Tax Purposes

For the transfer tax, residence means domicile. A person acquires domicile in a place by living there, for even a brief period of time, with the intent to stay, or not leave. There is big difference between the application of the transfer tax rules depending on each spouse's citizenship and residency status, and whether the transferor spouse makes a transfer during life or at death.

Get informed by calling The Miami Law Firm today at 897.454.2411.

Address

1444 Biscayne Boulevard, Suite 115/08
Miami, FL
33132

Opening Hours

Monday 9am - 7pm
Tuesday 9am - 7pm
Wednesday 9am - 7pm
Thursday 9am - 7pm
Friday 9am - 7pm
Saturday 9am - 1pm

Telephone

+17864542411

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