Photo of Gail Lamarche

Gail is responsible for Henderson Franklin's marketing efforts, including advertising, branding, business and client development initiatives, budget planning, events, newsletters, press releases, seminars and sponsorships. She incorporates social media into legal marketing initiatives and assisted in the launch of the firm's three blogs, Southwest Florida Employment Law Blog and The Legal Scoop on Southwest Florida Real Estate and The Florida Immigration Law Blog. Gail also guest blogs and speaks on the use of social media in professional services.

Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will host the 27th Annual HR Law & Solutions on Friday, March 29, 2019 at the Sanibel Harbour Marriott Resort & Spa. Florida Board Certified Civil Trial Expert Robert Shearman will moderate this annual seminar designed to update and educate business owners, managers, human resource professionals and in-house counsel on legal issues impacting the workplace.

Continue Reading

Guest post by John M. Miller, Esquire, Stockholder in Henderson Franklin’s Tort & Insurance Litigation Group

I recently spoke on the topic of “Establishing Social Media Policies, Contracts and Legal Advice for PR Professionals” to members of the Gulf Coast Chapter of Public Relations Society of America (PRSA) in Naples. Social media continues to be a hot topic for employers and thought it would be good to share a few items that were discussed.

In the Beginning

Under the Obama administration, the National Labor Relations Board (NLRB) developed an employee-favored social media policy. The NLRB broadly protected private employees in their social media activity. Private employees could not be fired or punished for posting certain information on social media. Specifically, private employees are permitted to engage in “concerted activity” which is a fancy term for discussing their working conditions on social media. But, what does it really mean?

What exactly may an employee say about his or her work on social media without being reprimanded or disciplined?


Continue Reading

Just in time for the start of the 2018 hurricane season, the Florida Department of Economic Opportunity (DEO) has launched a new website, FloridaDisaster.biz, to help Florida businesses prepare for and recover from hurricanes and other disasters.

In a recent press release published by Florida Trend Magazine, Governor Rick Scott said:

Floridians understand the importance of being prepared for disasters, especially during hurricane season. This new website will help businesses make safe and informed decisions for themselves, their employees and their customers. Every Florida business can visit FloridaDisaster.biz, make a disaster plan and stay updated as we move further into hurricane season.”

The website focuses on three main areas:
Continue Reading

Guest post by: Richard Akin, Esquire

Whether you are a realtor, a contractor, a health care professional or a licensed professional of any kind, maintaining your professional license is vital to your livelihood. While each type of license has different requirements for initial licensure and continuing education, certain types of conduct will inevitably subject your license to discipline no matter your professional field.

You likely know the big/obvious violations to avoid, but often times it’s the smaller violations that can cause problems for the average professional.
Continue Reading

Guest Speaker Steve Gilliland

Make plans to attend the largest employment law conference in Southwest Florida, HR Law & Solutions, now in its 26th year! Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will return to Sanibel Harbour Marriott Resort & Spa in Fort Myers on Tuesday, March 6, 2018,

As the laws change, we strive to share how they will affect our clients and readers of this blog. Thus, we are pleased to share the following guest post by Florida Bar Board Certified Wills, Trust and Estate Planning Attorney Eric Gurgold.

The Tax Cuts and Jobs Act does not repeal the Federal estate tax. Instead, the Act doubles the amount of wealth that is exempt from the estate tax. In 2018, the new estate tax exemption will be $11,200,000 per individual. A married couple may be able to shield $22,400,000 from Federal estate taxes. The exemption is indexed to increase each year with inflation. However, the changes to the exemption will sunset and revert to today’s numbers after 2025.

Given the high estate tax exemptions, it is possible that not enough estate taxes will be paid to justify retaining the Federal estate tax; and Congress may repeal it.

Would Repeal of the Estate Tax be Good for Your Bottom Line?


Continue Reading

Guest post by Beth T. Vogelsang, Esquire, Florida Bar Board Certified Divorce, Marital and Family Law Attorney

On November 2, 2017, House Republicans released an income tax reform bill known as the “Tax Cuts and Jobs Act.” There has been much publicity about the bill’s proposed corporate tax cuts and the purported reduction and simplification of individual income tax rates. One provision of the 492-page bill, which has gone largely unnoticed, is the proposed repeal of the deductibility of alimony payments.

Current IRS Regulations on Alimony


Continue Reading

Today’s guest post comes from Susan Smith Erdelyi, Esquire, Marks Gray, Jacksonville. She will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 with EEOC District Director Michael Farrell:

Did you know that the Equal Employment Opportunity Commission is becoming paperless? That’s right. The agency now uses a portal for employer position statements and no longer accepts paper documents from employers. So, if your employer/client is still mailing paper documents to the EEOC, it’s time to step aboard the EEOC Respondent Portal.

How Does It Work?


Continue Reading

Today’s guest post comes from Michael Schofield, Esq., from the Clark Partington firm in Pensacola. He will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 (see below for more details):

Traditionally, when an employer and employee have a dispute over working conditions, terms, pay, or whatever, the employee quits or is fired, the employer then receives notice of a pending claim, either through the Equal Employment Opportunity Commission (the EEOC), or the state’s agency, and perhaps notice of a lawsuit. Recently, however, more employers are requiring arbitration in contracts of employment and such contractual agreements are being upheld.

In an employment context, is arbitration a good thing, bad thing, or simply and alternative to trial?


Continue Reading