1 month 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 16, the U.S. Supreme Court issued an opinion that may limit the availability of collective action suits under the Fair Labor Standards Act. By way of background, the Fair Labor Standards Act (“FLSA”) establishes federal minimum wage and overtime pay requirements that cannot be modified by contract. Section 16(b) of FLSA permits employees to bring a private cause of action on their own behalf and on behalf of “other employees similarly situated” for specific violations of the FLSA. A suit brought on behalf of other employees is known as a “collective action.” The issue before the Court was whether a collective action is justiciable when the lone plaintiff’s individual claim becomes moot.
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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts, Class Actions, Civil Procedure
Tags: 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 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): Brett J. Schneider & Brooke P. Dolara
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
2 months ago
On March 6, the Eleventh Circuit Court of Appeals issued an opinion that permits undocumented workers to recover back pay from their employers for violations of the Fair Labor Standards Act (“FLSA”). In Lamonica v. Safe Hurricane Shutters, Inc., --- F. 3d ----, 2013 WL 811906 (11th Cir. Mar. 6, 2013), the Eleventh Circuit upheld a District Court decision awarding unpaid wages and liquidated damages to former employees, including one worker who was not authorized to work in the United States, who alleged that they were owed overtime wages under the FLSA. This was not a case of first impression for the Eleventh Circuit; the Court had previously held that undocumented workers could state a cause of action under the FLSA in Patel v. Quality Inn S., 846 F. 2d 700 (11th Cir. 1988). However, Hurricane Shutters, Inc. argued that Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L. Ed. 271 (2002), a Supreme Court case which held that the National Labor Relations Board could not award back pay to undocumented workers who are terminated for union activity, effectively overruled Patel. The Eleventh Circuit disagreed, stating that the case was not controlling authority because it involved a different statute and different issues; whereas the employees in Hoffman alleged they were owed back pay for being deprived a job, the employees in Lamonica claimed they were owed back pay for work already performed.
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Categories: Labor and Employment, Litigation, Federal Law
Tags: Collective Bargaining, 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, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, Eleventh Circuit Court of Appeals, 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
Author(s): Brett J. Schneider & Brooke P. Dolara
3 months ago
In January 2013, Broward County implemented an ordinance that makes it easier for employees to take legal action against their employers for non-payment of earned wages. Under Broward County Ordinance 2012-32, if an employee has performed work in Broward County and his/her employer has failed to pay or has underpaid the wage rate applicable for the work performed within a reasonable amount of time from the date on which the employee performed the work, the employee may file a complaint with the Broward County Office of Intergovernmental Affairs and Professional Standards (“OIAPS”) to recover those lost wages. Section 20½-2(f) defines a “reasonable time” as no later than 14 calendar days from the date that the work is performed, unless the employer has established a pay schedule whereby employees earn and are consistently paid according to regular pay periods, in which case that pay schedule controls. A complaint will be heard by a hearing officer if:
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Categories: Labor and Employment, Administrative Law
Tags: Employment Agreements, 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, 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
4 months ago
With the recent widespread use of social media sites such as Facebook and Twitter, it is not surprising that most employees have a social media account. In response, many employers have implemented policies which expressly limit what activities employees are allowed to engage in on social media.
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Categories: Labor and Employment
Tags: Employment Agreements, Brett J. Schneider, Alison F. Smith, Employee Misconduct, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Florida Employment Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, South Florida Employment Lawyers
Author(s): Alison F. Smith
4 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
5 months ago
WSH Partner Brett J. Schneider has been elected as the President-Elect of the Human Resource Association of Broward County (“HRABC”) for the 2013 year. Prior to his election as President-Elect, he served as HRABC's Legislative Affairs Director from in 2011 and 2012.
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Categories: Labor and Employment, Awards & Recognitions
Tags: Awards & Recognitions, Brett J. Schneider, 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
Author(s): Brooke P. Dolara
5 months ago
The South Florida Business Journal (“SFBJ”) has named WSH as one of the 2013 Best Places to Work for the fourth year in a row. Each year, the SFBJ surveys employees at numerous firms to determine which employers in South Florida foster a great workplace. WSH placed among the finalists for medium-sized (51-149 employees) firms. On February 21, the SFBJ will announce the rankings of all the named finalists at its celebratory awards luncheon in Fort Lauderdale. We are thrilled to be chosen by the SFBJ for this honor.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Jamie A. Cole, Stephen J. Helfman, Joseph H. Serota, Richard Jay Weiss, 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, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, 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, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental 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 Commercial Litigation Lawyer, Florida Community Association Law, 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 Construction Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Real Estate Lawyer, Fort Lauderdale Tax Attorney, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Eminent Domain Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
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
7 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
WSH is pleased to announce the addition of two associates to the Firm. Sonja C. Darby and Mia R. Martin. Joining our Community Association, Club & Resort Practice Group, Sonja represents community associations in matters of corporate governance, compliance, and debt collection. She is skilled at mediating between competing factions of community association boards and advising boards on compliance with their governing documents and applicable laws. A member of our Real Estate Group, Sonja also has experience representing parties in the purchase, sale, refinancing and lease of properties. Licensed in Florida, New Jersey and New York, Sonja graduated from Fordham University School of Law, where she achieved Dean's List honors. A member of our Labor and Employment Law Practice Group, Mia serves as employment counsel to public sector clients and private employers in labor arbitrations, state and federal court, mediation, and before the Equal Employment Opportunity Commission. Mia has experience handling both employment litigation and non-litigation matters. Licensed in Florida and New York, Mia is a cum laude graduate of Loyola New Orleans School of Law.
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Categories: Labor and Employment, Condominium Associations, Homeowners' Associations, Real Estate
Tags: Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate 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 Community Association Law, Florida Condo Association Law, 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, Miami Real Estate Lawyer, Sonja C. Darby, Mia R. Martin
Author(s): Brooke P. Dolara
7 months ago
On September 26, a federal district court denied a Motion to Dismiss in a whistleblower case under the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), holding that the plaintiff could establish a prima facie violation of the Dodd-Frank Act based on the allegations contained in the complaint. The decision in Kramer v. Trans-Lux Corp., 3v11cv1424 (SRU) is significant because the Dodd-Frank Act, which was signed into federal law in 2010, provides greater protection against whistleblower retaliation than past legislation aimed at financial reform.
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Categories: Labor and Employment, Litigation
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business 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, Protected Activity, Florida Employment Attorneys, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Litigation Attorney
Author(s): Brooke P. Dolara
9 months ago
In today’s business environment, businesses merge and sever with unprecedented frequency. Because change in business ownership is so common, questions may arise as to what rights and obligations a business has into previously agreed-to covenants. A recent case from the First Circuit Court of Appeals gave some good news to such businesses. In DePuy Orthopaedics, Inc. v. Waxman, et al. 2012 WL 3138681 (Fla. 1st DCA, Aug. 3, 2012), the District Court held that non-compete agreements entered into between a distributor and its sales representatives were enforceable where the agreements were properly assigned under a sale of the distributor’s intangible assets. The case is significant because it holds that a mere general assignment of rights and obligations is sufficient to effectuate a transfer of enforcement rights; no formal assignment is needed.
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Categories: Labor and Employment, Litigation, Contracts
Tags: 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, 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, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, 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): Brooke P. Dolara
9 months ago
WSH Associate Alison F. Smith has been elected as the next President of the Caribbean Bar Association, a voluntary bar organization of South and Central Florida lawyers from the Caribbean community.
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Categories: Labor and Employment, Litigation, Awards & Recognitions, Administrative Law
Tags: Michael S. Popok, Alison F. Smith, 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 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 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): 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
Today, Florida’s Third District Court of Appeal issued an employment ruling very favorable to employers, but certified conflict with the Fourth District on the same issue. The decision is Delva v. The Continental Group. You can read a copy of the Opinion here.
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Categories: Labor and Employment, Litigation, Appellate Law & Practice
Tags: Florida Supreme Court, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law 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 Employment Attorneys, Florida Labor Lawyers, 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): Edward G. Guedes
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
12 months ago
We are thrilled to report that several WSH attorneys were recently selected as Super Lawyers and Rising Stars by Super Lawyers magazine.
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Categories: Litigation, Condominium Associations, Government Affairs, Local Government, Homeowners' Associations, Appellate Law & Practice, Federal Law, Awards & Recognitions, Land Use & Zoning (Private), Federal Courts, Construction Law
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Awards & Recognitions, Gary L. Brown, Jamie A. Cole, Joshua D. Krut, Matthew J. Pearl, Michael S. Popok, Anthony L. Recio, Richard Jay Weiss, Samuel I. Zeskind, 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, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, 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 Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Matthew H. Mandel, Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Scope of the Project Rule, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental 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, Adrian J. Alvarez, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Employment Attorneys, Florida Environmental Law, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Construction Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Real Estate Lawyer, Fort Lauderdale Tax Attorney, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Eminent Domain Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
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
On January 23, the Daily Business Review released the names of the 25 most diverse law firms in South Florida. This year, WSH was named the 10th most diverse firm, coming ahead of large law firms such as Greenberg Traurig, Akerman Senterfitt, and Becker & Poliakoff.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Daniel L. Abbott, Lillian M. Arango, Sara E. Aulisio, Mitchell A. Bierman, Nina L. Boniske, Gary L. Brown, Mitchell J. Burnstein, Jonathan Cohen, Jamie A. Cole, Jeffrey DeCarlo, Ignacio G. Del Valle, Brooke P. Dolara, Raquel Elejabarrieta, Chad S. Friedman, Alan L. Gabriel, Douglas R. Gonzales, Edward G. Guedes, Stephen J. Helfman, Eric P. Hockman, Harlene Silvern Kennedy, Joshua D. Krut, Kathryn M. Mehaffey, Aleida Martinez Molina, Alexander L. Palenzuela-Mauri, Gilberto Pastoriza, Matthew J. Pearl, Michael S. Popok, Timothy M. Ravich, Anthony L. Recio, Amy J. Santiago, Brett J. Schneider, Clifford A. Schulman, Daniel A. Seigel, Gail D. Serota, Joseph H. Serota, Jonathan C. Shamres, Estrellita S. Sibila, Alison F. Smith, Anthony C. Soroka, Eduardo M. Soto, Joanna D. Thomson, Susan L. Trevarthen, Peter D. Waldman, Richard Jay Weiss, Laura K. Wendell, James E. White, David M. Wolpin, Samuel I. Zeskind, 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, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, 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 Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Matthew H. Mandel, Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Scope of the Project Rule, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental 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, Robert Meyers, Adrian J. Alvarez, Alternative Dispute Resolution, Johanna M. Lundgren, Florida Commercial Litigation Lawyer, Florida Community Association Law, Florida Condo Association Law, Florida Employment Attorneys, Florida Environmental Law, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Construction Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Fort Lauderdale Real Estate Lawyer, Fort Lauderdale Tax Attorney, Miami Construction Lawyer, Miami Commercial Litigation Attorney, Miami Eminent Domain Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, Miami Real Estate Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara
1 year ago
On January 11, the United States Supreme Court held for the first time that federal discrimination laws do not protect church employees who perform religious duties. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 2012 WL 75047 (Jan. 11, 2007), the Court recognized that the “ministerial exception” under the First Amendment protects religious institutions from discriminatory discharge where the former employee qualifies as a “minister.” Although the term “minister” is not strictly defined, the term may apply to those who conduct worship or serve as a messenger or teacher of faith.
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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts, Constitutional Law
Tags: 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, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, 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, First Amendment, 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, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, 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
1 year ago
On June 27, 2011, Governor Rick Scott signed new legislation amending Florida’s unemployment compensation law. As we reported in our August 26 blog post, the new laws significantly expand the definition of employee misconduct. The amendments also have important consequences for employee severance pay.
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Categories: Labor and Employment
Tags: Brett J. Schneider, Alison F. Smith, Unemployment Compensation, Employee Misconduct, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, 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
Author(s): Brett J. Schneider & Alison F. Smith
1 year ago
On December 21, the National Labor Relations Board (“NLRB”) published a new Rule that will change the procedures for private sector union representation elections. The Rule, which will take effect on April 30, 2012, shortens the time period between the initial filing of the election petition and the election, unless the parties stipulate to the election date. As a result, the Rule eliminates pre-suit challenges to NLRB rulings such as the appropriate bargaining unit and which workers are eligible to vote in an election.
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Categories: Labor and Employment, Litigation, Government Affairs
Tags: Employment Agreements, Governmental Litigation, 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
Author(s): Brett J. Schneider & Brooke P. Dolara
1 year ago
Social media sites and blogs have become increasingly popular among employees for firm marketing and business purposes. These marketing activities offer employers great potential exposure; an August 2011 Nielsen Company study found that Americans spend approximately one-fourth of their time online on social networking sites and blogs. Although these marketing activities can provide employers with positive exposure, social media sites can create a significant litigation risk for companies when employees engage in inappropriate activity online.
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Categories: Labor and Employment, Litigation
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Discovery, Evidence, Employee Misconduct, 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, 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
Author(s): Brooke P. Dolara
1 year ago
In Glenn v. Brumby, 1:08-CV-02360-RWS (11th Cir. December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination when it terminates an employee because of gender-nonconformity when the employee announces that he or she is planning to transition from one sex to another. The case is significant because it contradicts earlier cases that relied on Congress’s intent in passing Title VII of the Civil Rights Act of 1964 to find that the law only protected against discrimination so that the sexes would be treated equally and did not protect those who were transitioning.
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Categories: Labor and Employment, Litigation, Government Affairs, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Mitchell A. Bierman, Jamie A. Cole, Edward G. Guedes, Alexander L. Palenzuela-Mauri, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, 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, Eleventh Circuit Court of Appeals, Florida Commercial Litigation Lawyer, Florida Labor Lawyers, Fort Lauderdale Civil 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): Alexander L. Palenzuela-Mauri
1 year ago
The Interactive Media Association (“IMA”) has awarded Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.’s website with an Outstanding Achievement Award, acknowledging its design as one of the three best law firm website designs for 2011.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Mitchell A. Bierman, Nina L. Boniske, Mitchell J. Burnstein, Jamie A. Cole, Stephen J. Helfman, Gilberto Pastoriza, Michael S. Popok, Joseph H. Serota, Susan L. Trevarthen, 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, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, 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 Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Fort Lauderdale Eminent Domain Attorneys, Miami Eminent Domain Attorneys, Sourth Florida Eminent Domain Attorneys, Fort Lauderdale Homeowners' Association Attorneys, Miami Homeowners' Association Attorneys, South Florida Homeowners' Association Attorneys, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental 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
Author(s): Brooke P. Dolara
2 years ago
This week, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. announced the addition of attorney Robert Meyers to our Municipal Government, Governmental Litigation and Special Counsel to Local Government Practice Areas. Robert will be Of Counsel to the firm, and will concentrate his practice on governmental ethics. Robert is the immediate past Executive Director of the Miami-Dade Commission on Ethics and Public Trust. During his thirteen year tenure as Director, he authored hundreds of ethical opinions tackling State, county and municipal ethics codes. Robert also assisted in the drafting of model ethics codes and amendments to existing ethics codes in Miami-Dade County and other local governments. Robert often publishes and lectures on topics of ethics and government leadership.
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Categories: Labor and Employment, Government Affairs, Local Government, Awards & Recognitions
Tags: Governmental Litigation, Municipal Government, Ethics, Special Counsel to Local Government, Florida League of Cities, Florida City Government Week, Awards & Recognitions, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Gail D. Serota, Richard Jay Weiss, David M. Wolpin, 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, Robert Meyers
Author(s): Brooke P. Dolara
2 years ago
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is proud to have been selected as a member of the Law Firm Alliance, an elite coalition of law firms made up of 60 plus firms and 1500 attorneys throughout the Americas and parts of Europe. The Law Firm Alliance is a loose affiliation of law firms created to provide “competent and responsive” legal services to clients by providing a network of reputable member firms for referral of legal matters. Membership is by invitation only and limited to one firm by geographic area, so inclusion in the Alliance is highly coveted by premier firms. We are thrilled to be the sole South Florida representative in the Alliance. For more information on the Law Firm Alliance, click here.
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Categories: Labor and Employment, Litigation, Bankruptcy & Creditors’ Rights, Government Affairs, Local Government, Airports and Aviation, Awards & Recognitions, Construction Law, Real Estate
Tags: Awards & Recognitions, Mitchell A. Bierman, Gary L. Brown, Jonathan Cohen, Jamie A. Cole, Jeffrey DeCarlo, Chad S. Friedman, Edward G. Guedes, Aleida Martinez Molina, Gilberto Pastoriza, Michael S. Popok, Timothy M. Ravich, Clifford A. Schulman, Joseph H. Serota, Susan L. Trevarthen, 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, Miami Aviation Attorneys, Fort Lauderdale Condominium Association Attorneys, 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 Airport Law, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, South Florida Private Transactions Attorneys, South Florida Private Transactions Lawyers, Fort Lauderdale Private Transactions Attorneys, Miami Private Transactions Attorneys, South Florida Public Transactions Law, Fort Lauderdale Public Transactions Law, Miami Public Transactions Law , Matthew H. Mandel, Fort Lauderdale Bankruptcy Attorneys, Miami Bankruptcy Attorneys, South Florida Bankruptcy Attorneys, Fort Lauderdale Real Estate Attorneys, Miami Real Estate Attorneys, South Florida Real Estate Attorneys, Fort Lauderdale Commercial Real Estate Attorneys, Miami Commercial Real Estate Attorneys, South Florida Commercial Real Estate Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Environmental Law Attorneys, Miami Environmental Law Attorneys, South Florida Environmental 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
Author(s): Brooke P. Dolara
2 years ago
Alison F. Smith, an associate in our Broward office, has been elected as the Secretary of the Caribbean Bar Association, a voluntary bar association in South Florida with more than 150 lawyers in both the private and public sector that has partnered with numerous international powerhouse organizations to call attention to Caribbean-American issues. In addition to her new position, Alison provides a substantial amount of her time to the Stephen R. Booher American Inn of Court, a program devoted to improving professionalism and ethics for both the bar and bench. Alison also served as the President of the Student Bar Association at Nova Southeastern University Law School, where she graduated magna cum laude and also served on the NSU Law Review.
You can read more about the Caribbean Bar Association and its mission here.
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Categories: Awards & Recognitions
Tags: Awards & Recognitions, Jamie A. Cole, Raquel Elejabarrieta, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Alison F. Smith, 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, 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
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
