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Miami Owners’ Guide (2025): 4 High-Impact Legal Areas You Can’t Ignore—Wage Claims, Website Policies, Vendor/SaaS Risk, and Insurance Alignment

1) Miami-Dade Wage Claims: Prevent, Respond, and Close Files Fast

• Tighten timekeeping (clock-in/clock-out, approvals, audit logs). Use clear written policies and signed acknowledgments—especially for commission plans and final pay on separation.
• Map your risk roles (overtime-eligible, tipped, commissioned) and run a quick compliance audit each quarter.
• Document pay disputes early. If a dispute arises, gather timesheets, pay stubs, policies, and communications before responding to the county or the employee.
• Escalate patterns (e.g., the same manager, location, or shift). Patterns can trigger broader exposure.

2) Your Website, Privacy & Marketing Claims: The Rules Just Tightened

• Subscription/auto-renewal “click-to-cancel.” The FTC finalized a rule in October 2024 to make cancellations as easy as sign-ups, with broad disclosures and consent requirements. In July 2025, a federal appeals court blocked the rule’s implementation—so watch for continuing litigation and guidance. Even with the pause, the FTC still enforces existing law (e.g., ROSCA and deception/UDAP standards). Don’t wait to clean up your flows.
• Florida privacy landscape. Florida’s Digital Bill of Rights took effect July 1, 2024. While it targets larger data handlers, it raises expectations across the ecosystem (vendors, adtech, kids’ data), and Miami companies routinely interact with covered parties. At minimum, align your public-facing promises with your actual data flows and vendor contracts.

• Refresh your public policies: clear Terms of Service and Privacy Policy that match what your stack really does (analytics, cookies, email/SMS, payments, session replay, LLM tools). If you sell bilingually, keep English and Spanish versions aligned.
• Fix subscription flows: obtain express consent before charging; disclose renewal timing, price increases, and how to cancel; offer a friction-free online cancel path if sign-up was online. Track the litigation but implement best practices now.
• Harden your SMS/email practices: robust consent, easy opt-outs, and saved logs that prove compliance.
• Processor/platform readiness: payment vendors increasingly expect strong policies and disclosures. Keep a privacy center, DPA (data processing agreement), and cookie details handy for reviews by processors like Stripe.

3) Vendor & SaaS Contracts: Treat Third-Party Risk Like a Core Business Function

• Security baseline: MFA, encryption in transit/at rest, access controls, logging, and evidence of testing.
• Breach notice: vendor must notify you promptly (set hours, not “without undue delay”), share indicators of compromise, and cooperate on remediation and notifications.
• Service levels: realistic uptime, credits that don’t nuke your margins, and carve-outs for force majeure.
• Liability structure: mutual indemnities tied to each party’s control; caps calibrated to fees; super-caps for data breaches if warranted.
• Exit logistics: data export format, transition help, and deletion timelines.
• Downstream vendors: disclosure and control of sub-processors handling your data.
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• Maintain a vendor risk matrix (critical, important, ancillary). Put the top tier on annual legal/security review.
• Run a tabletop exercise for “vendor outage” and “vendor breach” twice a year; include comms and customer SLA remedies.
• Align your client promises (in your MSA) with what your vendors actually deliver—so you’re not over-promising.

4) Insurance vs. Contract Promises: Close the Gaps Before a Claim

• Compare your standard contract terms to your policy endorsements (GL, Professional/E&O, Cyber, D&O, EPLI). Add Additional Insured, Waiver of Subrogation, and Primary/Non-Contributory where required.
• Re-check limits and retentions against the largest deals you’re signing (and your lease obligations).
• Tighten the feedback loop: your attorney tunes the contracts; your broker tunes the policies. They should talk before you sign big customers or a new lease.
• Document certificate tracking and renewal calendars so nothing lapses.

30-Day Action Plan (Miami-Ready)

• Pull your payroll/timekeeping procedures and correct any gaps (final pay, commissions, tips).
• Export your website terms, privacy, consent/cancel flows and mark changes needed under FTC/Florida trends.
• List your Top 10 vendors/SaaS (CRM, payments, email, hosting) and rank by criticality.
• Ask your broker for endorsement schedules and recent COIs (certificates of insurance).

• Update Terms of Service and Privacy Policy; implement a clean online cancellation path for subscriptions; fix SMS/email consent.
• Send DPA + security addendum to critical vendors (breach notice, sub-processor disclosure, exit).
• Publish a wage & timekeeping SOP (English/Spanish if you have bilingual staff).

• Align lease/MSA insurance clauses with policy endorsements (additional insured, waiver of subrogation, primary/non-contributory).
• Calibrate liability caps and indemnities in your MSA to what your insurance actually covers.

• Run a vendor outage/breach tabletop and a wage-claim drill (what documents you pull, who responds, deadlines).
• Do a 60-minute sales/ops training on the new subscription/cancel and privacy requirements.

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