FMWAFlorida Movers and Warehousemen's Association
References in periodicals archive ?
Resnick's claim under both the Amendment and FMWA for failure to give his former employer notice as the FMWA requires.
The Resnick opinion only names one case in particular, and it was to distinguish the case from that of the FMWA notice provision.
Notably, no such distinction could be made in the case of the FMWA notice provision.
Another telling case, although far less obviously related to the issues swirling around the FMWA, is Bain v.
Considering the jurisdictional nature in which the FMWA's notice provision was applied in the Resnick case, where the court dismissed the FMWA claim pursuant to Federal Rule of Civil Procedure 12(b)(6), (180) the Bain and Amendments discussions regarding the constitutionality of the Criminal Appeal Reform Act underscores the weakness of the argument that the FMWA's mere notice prerequisite to filing suit violates the constitution.
In fact, in the Resnick case, the plaintiff's FMWA claim was dismissed so that the plaintiff could give his former employer notice of his intent to sue for unpaid minimum wages under the Amendment and the FMWA.
206) And similar to the language in Baker, the FMWA states that it is the exclusive remedy for violations of the Amendment.
How should the FMWA and the Amendment be interpreted in future cases?
219) But in Resnick, the court determined anyone seeking to recover under the Amendment or the FMWA had to adhere to the prerequisite created through the statute pursuant to the power granted by the Amendment.
Reading the FMWA together with the Amendment as the Florida Supreme Court has mandated, and remembering that the courts are required to "avoid readings that would render part of the statute meaningless," (226) the notice provision in section 448.
110(10); namely, that the FMWA is the exclusive remedy for violations of the Amendment; (230) and (3) the Florida Supreme Court's mandate that readings which render part of a statute meaningless should be avoided.
233) Among the most striking are issues regarding the availability of class litigation under the FMWA and the application of Erie principles in order to essentially preempt parts of the FMWA when such claims are brought in federal court under diversity jurisdiction.