4 weeks ago
On April 23, WSH attorneys Brett J. Schneider and Alison F. Smith obtained summary judgment in favor of the City of Lauderhill in a federal lawsuit brought by a former City maintenance worker. The Plaintiff alleged, among other things, that the City discriminated against him on the basis of his age and national origin, retaliated against him for making a discrimination complaint, and ultimately terminated his employment because of his age and national origin. Judge Robin Rosenbaum, in a 30 page written order, adopted many of the arguments made by Brett and Alison and granted summary judgment as to all seven counts in the Complaint.
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Categories: Labor and Employment, Litigation
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Governmental Litigation, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Alison F. Smith, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
1 month ago
On April 11, 2013, attorneys Brett J. Schneider and Alison F. Smith obtained a significant arbitration victory for the City of Lauderhill, in a case involving a former City police officer who was terminated because he admitted to engaging in criminal activity while on duty as a Lauderhill police officer while underdoing polygraph examinations in connection with jobs he was seeking with two other Florida law enforcement agencies. In his defense, the employee claimed that he fabricated stories about engaging in criminal activity during those polygraph examinations because he wanted to fail the polygraph examinations, as he was no longer interested in working for those agencies. The City argued that it had just cause to terminate the employee because, whether he had in fact engaged in criminal activity on duty or had lied about doing so, neither lying nor engaging in criminal activity is a trait that any law enforcement officer should possess. The arbitrator agreed and denied the employee’s grievance in its entirety, holding that, as a law enforcement officer, the employee was required to demonstrate honesty and integrity and, failing that, could not have his employment salvaged by the City.
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Categories: Labor and Employment
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Brett J. Schneider, Alison F. Smith, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider
3 months ago
On February 1, 2013, the firm obtained an arbitration victory for the Town of Bay Harbor Islands in a case involving a claim by the Dade County Police Benevolent Association (the “Union”) that the Town violated its collective bargaining agreement with the Union when it unilaterally implemented a policy requiring all Town police officers and sergeants to wear bullet proof vests while on duty. Brett J. Schneider and Mia R. Martin defended the Town against the Union’s claim. The Town successfully argued that the Union had waived its right to challenge the policy by not timely filing a grievance regarding the implementation of the policy and that the Town’s implementation of that policy did not violate any provision of the parties’ agreement and was an extension of the Town’s management rights.
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Categories: Labor and Employment, Alternative Dispute Resolution
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Awards & Recognitions, Brett J. Schneider, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Mia R. Martin
Author(s): Brett J. Schneider
4 months ago
In a much anticipated ruling, the Florida Supreme Court ruled (4-3) against government employees by upholding a 2011 law requiring government employees in Florida to contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System (“FRS”)). The ruling reverses County Circuit Court Judge Jackie Fulford’s ruling that the pension changes were unconstitutional because they impaired the obligation of contracts, took private property without full compensation and impaired the right of government employees to bargain collectively.
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Categories: Labor and Employment
Tags: Public Employees, Public Employers, Collective Bargaining, Governmental Litigation, Florida Supreme Court, Raquel Elejabarrieta, Brett J. Schneider, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer
Author(s): Raquel Elejabarrieta
6 months ago
Last week, WSH Founding Member Joseph H. Serota and Partner Matthew H. Mandel achieved a significant victory for the City of Homestead in a high-profile case brought by a former city employee. Circuit Court Judge Jorge E. Cueto dismissed former city administrator Johanna Faddis’ lawsuit against the city and its elected officials finding that Faddis lied under oath multiple times and thereby forfeited her right to seek relief from the court.
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Categories: Labor and Employment, Litigation, Torts
Tags: Public Employees, Public Employers, Governmental Litigation, Special Counsel to Local Government, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Litigation Attorney
Author(s): Matthew H. Mandel & Brooke P. Dolara
6 months ago
On November 15, the Florida Supreme Court (the “Court”) unanimously ruled in Keck v. Eminisor, 2012 WL 5516053 (Fla. Nov. 15, 2012) that public employees do not have to wait until lawsuits are resolved to appeal non-final orders denying summary judgment based on claims of sovereign immunity.
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Categories: Litigation, Appellate Law & Practice, Torts
Tags: Public Employees, Public Employers, Governmental Litigation, Special Counsel to Local Government, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Laura K. Wendell, Matthew H. Mandel, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Brooke P. Dolara
6 months ago
Recently, the Florida Division of Retirement (the “Division”) issued letters to the Cities of Naples and Hollywood concerning those Cities’ eligibility for and use of future premium tax revenues to fund their respective police and fire pension obligations under Chapters 175 and 185, Florida Statutes. These letters reflect an important change to the Division’s previous position concerning a municipality’s eligibility for and use of premium tax revenues.
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Categories: Labor and Employment
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Raquel Elejabarrieta, Brett J. Schneider, Florida Legislature, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta
7 months ago
In the era of ubiquitous cell phone cameras and social media usage, public employees need to be mindful of the law as it pertains to the rights of citizens to monitor public employees at work. Private individuals have a right to record public employees, including police officers, in the public discharge of their duties. The First Amendment provides private individuals a constitutionally protected right to photograph or video record public employees. This right, however, is not completely unqualified and may be subject to reasonable time, place, and manner restrictions. In Gilk v. Cunniffe, 655 F.3d 78, (1st Cir. 2011), the U.S. Court of Appeals for the First Circuit addressed the issue of whether there exists a constitutionally protected right to videotape police carrying out their duties in public. The First Circuit answered this question in the affirmative, holding, “Basic First Amendment principles, along with case law from this and other circuits, unambiguously establish that private individuals possess a constitutionally protected right to videotape police carrying out their duties.” Id. at 82. Recording governmental officers engaged in public duties is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of law enforcement officers. Id. In Gilk, arrestee Simon Gilk was arrested for using his cell phone’s digital video camera to film several police officers arresting a young man on the Boston Common. The Charges against Gilk, which included violations of Massachusetts’s wiretap statute, were subsequently judged baseless and dismissed. Gilk then brought suit under §1983, claiming that his arrest for filming police officers arresting a young man constituted a violation of his rights under the First and Fourth Amendments. The First Circuit held that the officers were not entitled to qualified immunity on the First and Fourth Amendment claims and Gilk was awarded $170,000.
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Categories: Litigation, Constitutional Law
Tags: Public Employees, Governmental Litigation, Sara E. Aulisio, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Protected Activity, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Miami Litigation Attorney
Author(s): Sara E. Aulisio
8 months ago
On September 7, the Florida Supreme Court (the “Court”) heard oral arguments concerning an appeal by state officials seeking to overturn a decision issued by state court Judge Jackie Fulford in Leon County, Florida that voided a law that, among other things, required public employees to contribute 3% of their pay into a state retirement system. The central issue in Scott v. Williams, SC122-520, is whether the state of Florida can revise the terms of the public pension plan for active participants who were hired before the law took effect. The State, along with local governments and other public entities that participate in the state retirement system, argued that the lower court’s decision will produce significant financial hardship for the State, which will have to repay an estimated $1 billion in worker contributions if the decision is upheld. No timetable was given for a decision from the Court.
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Categories: Labor and Employment, Litigation, Constitutional Law, Contracts
Tags: Public Employees, Employment Agreements, Public Employers, Senate Bill 88, Governmental Litigation, Florida Supreme Court, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara
9 months ago
On August 10, 2012, the firm obtained a significant arbitration victory for the City of Miramar in a case involving a former police officer who was terminated after he had been found to be psychologically unfit for duty by a City-appointed psychologist.
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Categories: Labor and Employment, Alternative Dispute Resolution
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Brett J. Schneider, Alison F. Smith, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney
Author(s): Brett J. Schneider
10 months ago
On Tuesday, former Broward Teachers’ Union (“BTU”) President Pat Santeramo surrendered to authorities after he was charged with racketeering, grand theft, campaign contribution violations and money laundering. The arrest warrant alleges that Mr. Santeramo charged union credit cards for personal expenses, fraudulently obtained compensation for sick and vacation leave that he was not entitled to, and orchestrated an illegal campaign contribution scheme under which BTU members would be reimbursed with union funds after writing checks to political candidates. Mr. Santeramo is also charged with receiving numerous kickbacks from South Florida vendors while billing the union for the incurred expenses.
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Categories: Labor and Employment, Government Affairs, Local Government, Criminal Law
Tags: Public Employees, Public Employers, Municipal Government, Ethics, Special Counsel to Local Government, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Alan L. Gabriel, Brett J. Schneider, Richard Jay Weiss, David M. Wolpin, Fort Lauderdale Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, South Florida Employment Lawyers
Author(s): Michael S. Popok & Brooke P. Dolara
11 months ago
On June 6, the 4th DCA affirmed the entry of summary judgment on behalf of WSH client, the City of Deerfield Beach, in a case brought against it by a former City firefighter. Congratulations to Brett J. Schneider and Alison F. Smith for obtaining this result for the City!
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Categories: Labor and Employment, Litigation, Awards & Recognitions
Tags: Public Employees, Public Employers, Governmental Litigation, Awards & Recognitions, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney
Author(s): Jamie A. Cole
1 year ago
On April 20, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued its decision in Mia Macy v. U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives(“Bureau”), in which it changed course from prior decisions and found that a claim of discrimination based on transgender status can be brought under Title VII’s sex discrimination prohibition.
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Categories: Labor and Employment, Litigation
Tags: Public Employees, Public Employers, Jamie A. Cole, Edward G. Guedes, Alexander L. Palenzuela-Mauri, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Florida Employment Attorneys, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Litigation Attorney
Author(s): Alexander L. Palenzuela-Mauri
1 year ago
Today U.S. District Judge Ursula Ungaro ruled that Governor Rick Scott’s Executive Order 11-58 providing for pre-employment drug testing and random drug testing of state employees violates the Fourth Amendment ban on unreasonable searches and seizures. See American Federation of State County and Municipal Employees (AFSCME) Council 79 v. Rick Scott, Case No. 11-civ-21976-UU. “To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing,” Judge Ungaro wrote in her order, citing previous U.S. Supreme Court orders that ruled that urine tests are considered government searches.
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Categories: Labor and Employment, Litigation, Government Affairs, Federal Law, Federal Courts
Tags: Public Employees, Employment Agreements, Public Employers, Governmental Litigation, Municipal Government, Jamie A. Cole, Raquel Elejabarrieta, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta
1 year ago
The Equal Employment Opportunity Commission ("EEOC") recently announced its strategic plan for fiscal years 2012-2016 where it indicated that it will focus more on remedying systemic discrimination. The EEOC describes systemic cases as those “that address pattern or practice, policy or class cases where the alleged discrimination has a broad impact on an industry, occupation, business or geographic area.” The crux of a systemic case is that the alleged discrimination affects a group of individuals rather than one individual. According to the strategic plan, by the end of fiscal year 2016 a percent (yet to be determined) of cases in the EEOC’s docket will be systemic cases. This, according to the strategic plan, will provide the EEOC with an incentive to conduct systemic investigations.
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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts, Administrative Law
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Jamie A. Cole, Raquel Elejabarrieta, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Employee Misconduct, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney
Author(s): Brett J. Schneider & Raquel Elejabarrieta
1 year ago
On March 22, Founding Member Richard Jay Weiss will be speaking at the Good Government Initiative as part of a four member panel discussing “The Tension over Pensions: Good Public Policy or Obsolete Extravagance?” The Good Government Initiative is a program that provides early-career elected and appointed officials with leadership training and community conversations with the public to consider issues important to governance in the community. The Good Government Initiative was founded by former Miami-Dade Commissioner Katy Sorenson, who will serve as the moderator for the upcoming panel.
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Categories: Labor and Employment, Litigation, Government Affairs, Local Government, Contracts
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Sunshine Law, Governmental Litigation, Municipal Government, Ethics, Special Counsel to Local Government, Awards & Recognitions, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Richard Jay Weiss, David M. Wolpin, Unemployment Compensation, Employee Misconduct, National Labor Relations Board, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
1 year ago
In a long awaited opinion, Judge Jackie Fulford issued a decision on March 6, 2012, in which shedeclared unconstitutional a requirement that government employees in Florida contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System). Judge Fulford wrote in her opinion that the Legislature committed “an unconstitutional impairment of plaintiff’s contract with the State of Florida, an unconstitutional taking of private property without full compensation, and an abridgement of the rights of public employees to collectively bargain over conditions of employment.” This ruling could cost the state more than $1 billion a year. The ruling does not impact the 3% contribution to the state retirement fund from employees hired after July 1, 2011, when the law went into place.
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Categories: Labor and Employment, Litigation, Constitutional Law, Contracts
Tags: Public Employees, Public Employers, Collective Bargaining, Governmental Litigation, Special Counsel to Local Government, Florida Supreme Court, Jamie A. Cole, Raquel Elejabarrieta, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Florida Legislature, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta
1 year ago
In a case of first impression, the Eleventh Circuit Court of Appeals (the “Court”) has held that the Family Medical Leave Act (“FMLA”) protects employees’ pre-eligibility requests for post-eligibility leave. The case, Pereda v. Brookdale Senior Living Communities, Inc., ---- F. 3d -----, 2012 WL 43271 (11th Cir. Jan. 10, 2012), should provide guidance to Florida employers dealing with the question of whether an employee is engaging in “protected activity” under the FMLA.
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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Eleventh Circuit Court of Appeals, Family Medical Leave Act, Protected Activity, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Commercial Litigation Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara
1 year ago
Last week, WSH obtained a significant arbitration victory for the Town of Golden Beach in a case involving a former police officer who was terminated for sleeping on the job.
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Categories: Labor and Employment, Government Affairs, Local Government, Contracts, Alternative Dispute Resolution
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Municipal Government, Special Counsel to Local Government, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Brett J. Schneider, Alison F. Smith, Richard Jay Weiss, David M. Wolpin, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Alternative Dispute Resolution, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
2 years ago
On June 17, 2011, Governor Scott signed Senate Bill 88 (the “Bill”) into law, which amends Section 215.425, Florida Statutes, in two material ways. As summarized below, the Bill contains significant restrictions on bonuses and severance pay for public employees.
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Categories: Labor and Employment, Government Affairs, Local Government
Tags: Public Employees, Employment Agreements, Public Employers, Senate Bill 88, Mitchell A. Bierman, Jamie A. Cole, Raquel Elejabarrieta, Chad S. Friedman, Brett J. Schneider, Richard Jay Weiss, David M. Wolpin, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Fort Lauderdale Local Government Law, Miami Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers
Author(s): Raquel Elejabarrieta
2 years ago
The Florida Public Employees Relations Commission ("PERC") issued a Final Order yesterday dismissing an International Union of Painters and Allied Trades' unfair labor practice charge against the City of Deerfield Beach. Brett J. Schneider and Raquel Elejabarrieta represented the City in the unfair labor practice proceeding before PERC.
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Categories: Labor and Employment, Local Government
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Municipal Government, Special Counsel to Local Government, Raquel Elejabarrieta, Brett J. Schneider
Author(s): Brett J. Schneider & Brooke P. Dolara
2 years ago
On August 2, the Florida Public Employees Relations Commission issued a Final Order in favor of the City of Deerfield Beach in a claim filed against the City by a former City mechanic alleging that his layoff from city employment violated state veterans' preference law. Brett J. Schneider and Raquel Elejabarrieta represented the City in this matter. The Commission upheld the Hearing Officer's recommendations on procedural and substantive issues, all of which were favorable to the City.
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Categories: Labor and Employment
Tags: Public Employees, Public Employers, Collective Bargaining, Raquel Elejabarrieta, Brett J. Schneider
Author(s): Brooke P. Dolara
2 years ago
On June 17, 2011, the Governor signed Senate Bill 88, which limits the amount of severance and/or bonus a governmental entity may provide to a contractual employee. The law explicitly provides that no extra compensation shall be made to any officer, agent, employee or contractor after service has been rendered or a contract entered into unless the compensation is allowed by a law enacted by two-thirds of both the Florida House of Representatives and the Florida Senate. Although contracts entered into before July 1, 2011 are grandfathered, municipalities, counties and other units of government in Florida will be required to comply with the new restrictions limiting the availability of bonuses and severance pay for contractual employees.
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Categories: Labor and Employment, Government Affairs, Local Government
Tags: Public Employees, Employment Agreements, Public Employers, Senate Bill 88, Mitchell A. Bierman, Jamie A. Cole, Raquel Elejabarrieta, Chad S. Friedman, Brett J. Schneider, Richard Jay Weiss, David M. Wolpin, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara
2 years ago
On June 29, 2011, our Firm obtained a significant arbitration victory for the City of Lauderhill in a labor dispute with AFSCME Local 2942. Brett J. Schneider and Alison F. Smith successfully defended the City against claims that the City violated its collective bargaining agreement when it laid off several employees without honoring their right to "bump" (replace) employees in the same classification with less seniority. In his decision, the arbitrator stated that the evidence showed that the City acted in good faith and was faithful to its contractual responsibilities under the agreement.
Click here to read the Opinion & Final Award.
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Categories: Labor and Employment, Government Affairs, Local Government
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Brett J. Schneider, Alison F. Smith, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
