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U.S. Senate Votes to Pass Employment Non-Discrimination Act

On November 7, 2013, the United States Senate approved the Employment Non-Discrimination Act (ENDA)—proposed legislation that would extend federal employment discrimination protections currently provided based on race, religion, gender, national origin, age and disability to sexual orientation and gender identity. ENDA, which is closely modeled on Title VII of the Civil Rights Act of 1964 and the American with Disabilities Act, prohibits certain private and public employers from using an individual’s actual or perceived sexual orientation or gender identity as the basis for employment decisions, such as hiring, firing, promotion, or compensation. While some states prohibit employment discrimination based on sexual identity and/or gender identity, this vital piece of federal legislation will provide consistent protection for the LGBT community. All eyes are now on the House of Representatives to see if ENDA will make it to the floor to be put to a vote.

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Categories: Labor and EmploymentFederal Law
Tags: Public EmployeesPublic EmployersFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

DOL Issues Clarification on Applicability of FLSA to Unpaid Internships

On September 12, the Department of Labor issued a clarification regarding its statement that law students may work as unpaid interns on pro bono matters at private law firms. Unpaid internships have become a hot button issue; in June, a federal judge for the Southern District of New York held that a major motion picture studio violated federal and State minimum wage laws when it failed to pay two interns for work they completed on the film “Black Swan” in 2009 and 2010. In a letter penned to the American Bar Association Immediate Past President Laurel G. Bellows, Solicitor of Labor M. Patricia Smith explained that a law school student who performs work for his or her own educational benefit would not be considered an employee under the Fair Labor Standards Act (the “FLSA”) where the following criteria are met:

  1. The internship is similar to training that would have been given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under the supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to waves for the time spent in the internship.

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Categories: Labor and Employment
Tags: Brett J. SchneiderNational Labor Relations BoardFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment LawyersFair Labor Standards Act
Author(s): Brett J.Schneider & Brooke P. Dolara

WSH Obtains Significant Arbitration Victory for the City of Homestead

On August 22, 2013, the firm obtained a significant arbitration victory for the City of Homestead, in a case involving a former police officer who was terminated for committing numerous policy violations. Alison F. Smith defended the City against the employee’s claim that he was terminated without just cause in violation of the collective bargaining agreement between the City and the union that represents its police officers, and argued that the City had just cause for the employee’s termination based on numerous policy violations he had committed while conducting an investigatory stop (some of which could have resulted in harm to himself and the public). In particular, the City contended that just cause existed for the former police officer’s termination because he: (1) failed to notify Dispatch of his correct location and did not call in the stop; (2) failed to call for backup; (3) failed to advise dispatch of his delay in responding to another call to which he had been dispatched while conducting the investigatory stop; and (4) disclosed confidential information from a database that is restricted to law enforcement use and access to that individual. In denying the employee’s grievance, the arbitrator ruled that the evidence presented by the City established that it had just cause for the employee’s termination because the employee’s actions, including his failure to advise dispatch of his correct location while conducting an investigatory stop (which could have compromised his safety and by itself warranted his summary discharge), constituted “extremely serious/major offenses.”

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Categories: Labor and Employment
Tags: Public EmployeesEmployment AgreementsPublic EmployersBrett J. SchneiderAlison F. SmithFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

EEOC Files Title VII Disparate Impact Discrimination Suits Against Two Large U.S. Corporations

On June 11, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had filed two lawsuits against two companies, BMW and Dolgencorp, in which it alleged that the companies violated the Civil Rights Act of 1964 by adopting criminal background checks that have a disparate impact on African American applicants.

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Categories: Labor and EmploymentLitigationAdministrative Law
Tags: Employee MisconductFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment LawyersEqual Employment Opportunity Commission
Author(s): Brett J. Schneider

Supreme Court Tightens Definition of “Supervisor” in Title VII Employment Discrimination Claims

On June 24, the United States Supreme Court issued a ruling that limits the definition of a “supervisor” as it relates to employer liability in harassment claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII protects individuals against employment discrimination on the basis of race, religion, sex, and national origin. Under Title VII, an employer is only liable for the harassment of a co-worker if the employer was negligent in controlling workplace conditions. However, an employer may be liable for workplace harassment for the conduct of a supervisor if the harassment culminates in a tangible employment action, such as a significant change in employment status or a decision causing a significant change in benefits. In Vance v. Ball State University, 2013 WL 3155228 (U.S. Jun. 24, 2013), the Supreme Court held that an employee is a “supervisor” for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment action against the victim. The ruling has met with significant support from the business community, while opponents lament that it will make it harder for plaintiffs to advance harassment claims against their employers under Title VII.

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

Supreme Court Holds Claim Of Unlawful Retaliation Held to Higher Standard of Causation than Discrimination In Title VII Cases

On June 24, the U.S. Supreme Court (the “Court”) held that retaliation claims under Title VII of the Civil Rights Act must be proven under the traditional principles of “but-for” causation, requiring proof that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer. In University of Texas Southwestern Medical Center v. Nassar, 2013 WL 2155234 (U.S. Jun. 24, 2013), the Court rejected the Government and Respondent’s argument that a plaintiff could prevail on a claim of unlawful retaliation if he or she could show that the plaintiff’s protected activity was a “motivating” or “substantial” factor in the employer’s alleged wrongful action, a lessened causation standard. The employer-friendly decision makes it harder for plaintiffs to present a prima facie case of unlawful retaliation under Title VII.

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Categories: Labor and EmploymentLitigationFederal LawFederal Courts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysProtected ActivityFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider

U.S. District Court Judge Holds Interns Working At Motion Picture Studio “Employees” Entitled to FLSA Protections

Earlier this month, a federal district court judge for the Southern District of New York ruled that Fox Searchlight Pictures violated federal and State minimum wage laws when it failed to pay two unpaid interns who worked on the film “Black Swan” from 2009 to 2010. In Glatt v. Fox Searchlight Pictures, Inc., ----F. Supp. 2d ----, 2013 WL 2495140 (S.D.N.Y. Jun. 11, 2013), Judge William H. Pauley III held that plaintiffs Eric Glatt and Alexander Footman were improperly classified as “unpaid interns” and were actually “employees” protected by the Fair Labor Standards Act (the “FLSA”).

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Categories: Labor and EmploymentLitigationFederal Law
Tags: Employment AgreementsJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment LawyersFair Labor Standards Act
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Attorneys Recognized as Florida SuperLawyers

Florida SuperLawyers recently revealed its list of "SuperLawyers" and "Rising Stars" for 2013; each year, the magazine rates outstanding attorneys from more than seventy practice areas who have attained a high degree of peer recognition and professional achievement. The selection process for SuperLawyers includes independent research, peer nominations, and peer evaluations. This year, SuperLawyers recognized twenty WSH attorneys. 

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationCondominium AssociationsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)Construction LawReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentGary L. BrownJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesStephen J. HelfmanEric P. HockmanJoshua D. KrutGilberto PastorizaMatthew J. PearlMichael S. PopokAnthony L. RecioBrett J. SchneiderClifford A. SchulmanJoseph H. SerotaAlison F. SmithSusan L. TrevarthenRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Labor Partner Wins Arbitration for Town of Golden Beach

On June 10, 2013, WSH Partner Brett J. Schneider obtained an arbitration victory for the Town of Golden Beach (the “Town”) in a dispute with the Fraternal Order of Police (“FOP”) over a 2012 increase in pay to a Town police officer during a time when officer and sergeant salaries were frozen under the collective bargaining agreement. The FOP alleged that the Town increased the officer’s pay from Step 2 ($46,786.00 per year) to Step 5 ($54,160.00 per year) in violation of a contractual salary freeze. The Town responded that it did not provide the officer with a pay increase; rather, it implemented a previously agreed-upon pay increase that had been deferred since 2009. Specifically, the Town asserted that it hired the officer with the expectation that it would pay him at a higher rate due to his prior experience, and entered into a verbal agreement with the officer to defer the implementation of the higher rate. Therefore, because the higher pay rate had already been in place (albeit deferred) prior to the freeze, the Arbitrator concluded that the Town did not violate the pay freeze language in the collective bargaining agreement.

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Categories: Labor and EmploymentContractsAlternative Dispute Resolution
Tags: Public EmployeesPublic EmployersCollective BargainingBrett J. SchneiderFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Labor and Employment Lawyers Obtain Summary Judgment for City in Discriminatory Discharge Case

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 EmploymentLitigation
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingGovernmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaAlison F. SmithFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers

Supreme Court Justices Hold Plaintiff’s Claim Moot in Collective Action Under FLSA, Dismissing Case

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 EmploymentLitigationFederal LawFederal CourtsClass ActionsCivil Procedure
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Labor Attorneys Win Arbitration For City of Lauderhill

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 EmployeesEmployment AgreementsPublic EmployersCollective BargainingBrett J. SchneiderAlison F. SmithFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider

Eleventh Circuit Expands FLSA Protection for Undocumented Workers

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 EmploymentLitigationFederal Law
Tags: Collective BargainingMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara

Broward County Implements Wage Payment Law

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 EmploymentAdministrative Law
Tags: Employment AgreementsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Labor Attorneys Achieve Arbitration Victory for Bay Harbor Islands

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 EmploymentAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingAwards & RecognitionsBrett J. SchneiderFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMia R. Martin
Author(s): Brett J. Schneider

WSH Partner Brett J. Schneider is New President-Elect of Human Resource Association of Broward County

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 EmploymentAwards & Recognitions
Tags: Awards & RecognitionsBrett J. SchneiderFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Selected as One of South Florida Business Journal's Best Places to Work in 2013

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 & RecognitionsJamie A. ColeStephen J. HelfmanJoseph H. SerotaRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Florida Division of Retirement Letters Signal Changes to Interpretation Regarding Use of Tax Revenues to Fund Pensions

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 EmployeesEmployment AgreementsPublic EmployersCollective BargainingRaquel ElejabarrietaBrett J. SchneiderFlorida LegislatureFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

WSH Attorneys Support Kozyak Minority Mentoring Picnic

On Saturday, November 10, lawyers, judges and law students will convene at Amelia Earhart Park in Hialeah for the 9th Annual Kozyak Minority Mentoring Picnic. The Picnic is sponsored by many businesses, multiple voluntary bar associations, a bank and numerous law firms. WSH will have several attorneys representing the firm at this year’s festivities; each of our attending attorneys has an opportunity to serve as a mentor to a attending law student. We are thrilled to be supporting this wonderful event.

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Categories: Awards & Recognitions
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers

WSH Broward Office Welcomes Two New Associates

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 EmploymentCondominium AssociationsHomeowners' AssociationsReal Estate
Tags: Fort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSonja C. DarbyMia R. Martin
Author(s): Brooke P. Dolara

Florida Supreme Court Hears Oral Arguments in Public Employee Pension Case

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 EmploymentLitigationConstitutional LawContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Governmental LitigationFlorida Supreme CourtFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Associate Alison F. Smith Elected President of CBA

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 EmploymentLitigationAwards & RecognitionsAdministrative Law
Tags: Michael S. PopokAlison F. SmithFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Achieves Significant Victory in Arbitration for Public Employer

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 EmploymentAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingBrett J. SchneiderAlison F. SmithFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment Attorney
Author(s): Brett J. Schneider

Third DCA Holds FCRA Does Not Support Claim for Discrimination Based on Pregnancy

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 EmploymentLitigationAppellate Law & Practice
Tags: Florida Supreme CourtFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Edward G. Guedes

Former Broward Teachers’ Union President Arrested for Numerous Offenses Against Union

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 EmploymentGovernment AffairsLocal GovernmentCriminal Law
Tags: Public EmployeesPublic EmployersMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanAlan L. GabrielBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneySouth Florida Employment Lawyers
Author(s): Michael S. Popok & Brooke P. Dolara

WSH Employment Attorneys Win Appeal For City of Deerfield Beach

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 EmploymentLitigationAwards & Recognitions
Tags: Public EmployeesPublic EmployersGovernmental LitigationAwards & RecognitionsJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment Attorney
Author(s): Jamie A. Cole

WSH Attorneys Recognized as Super Lawyers and Rising Stars by National Legal Publication

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: LitigationCondominium AssociationsGovernment AffairsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeFederal LawAwards & RecognitionsLand Use & Zoning (Private)Federal CourtsConstruction Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsGary L. BrownJamie A. ColeJoshua D. KrutMatthew J. PearlMichael S. PopokAnthony L. RecioRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAdrian J. AlvarezFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Federal Judge Holds Florida Executive Order Requiring Drug Testing for State Workers Unconstitutional

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 EmploymentLitigationGovernment AffairsFederal LawFederal Courts
Tags: Public EmployeesEmployment AgreementsPublic EmployersGovernmental LitigationMunicipal GovernmentJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

EEOC Placing Greater Focus on Remedying "Systemic" Discrimination

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 EmploymentLitigationFederal LawFederal CourtsAdministrative Law
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaEmployee MisconductMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Raquel Elejabarrieta

Founding Member Richard Jay Weiss to Speak at Good Government Initiative

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 EmploymentLitigationGovernment AffairsLocal GovernmentContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingSunshine LawGovernmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaRichard Jay WeissDavid M. WolpinUnemployment CompensationEmployee MisconductNational Labor Relations BoardFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Mandatory Contribution by Public Employees of 3% Earnings to FRS Declared Unconstitutional

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 EmploymentLitigationConstitutional LawContracts
Tags: Public EmployeesPublic EmployersCollective BargainingGovernmental LitigationSpecial Counsel to Local GovernmentFlorida Supreme CourtJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFlorida LegislatureMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

Florida Employers Take Note....Eleventh Circuit Holds Pre-Eligibility Notice of Post-Eligibility Leave Is Protected Activity Under FMLA

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 EmploymentLitigationFederal LawFederal Courts
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysEleventh Circuit Court of AppealsFamily Medical Leave ActProtected ActivityFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

DBR Recognizes WSH as One of the Ten Most Diverse Law Firms in South Florida

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 & RecognitionsDaniel L. AbbottLillian M. ArangoSara E. AulisioMitchell A. BiermanNina L. BoniskeGary L. BrownMitchell J. BurnsteinJonathan CohenJamie A. ColeJeffrey DeCarloIgnacio G. Del ValleBrooke P. DolaraRaquel ElejabarrietaChad S. FriedmanAlan L. GabrielDouglas R. GonzalesEdward G. GuedesStephen J. HelfmanEric P. HockmanHarlene Silvern KennedyJoshua D. KrutKathryn M. MehaffeyAleida Martinez MolinaAlexander L. Palenzuela-MauriGilberto PastorizaMatthew J. PearlMichael S. PopokTimothy M. RavichAnthony L. RecioAmy J. SantiagoBrett J. SchneiderClifford A. SchulmanDaniel A. SeigelGail D. SerotaJoseph H. SerotaJonathan C. ShamresEstrellita S. SibilaAlison F. SmithAnthony C. SorokaEduardo M. SotoJoanna D. ThomsonSusan L. TrevarthenPeter D. WaldmanRichard Jay WeissLaura K. WendellJames E. WhiteDavid M. WolpinSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Aviation AttorneysFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Airport LawSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysScope of the Project RuleFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort Lauderdale Bankruptcy AttorneysMiami Bankruptcy AttorneysSouth Florida Bankruptcy AttorneysFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysRobert MeyersAdrian J. AlvarezAlternative Dispute ResolutionJohanna M. LundgrenFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerFort Lauderdale Tax AttorneyMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

Citing Religious Freedom, Supreme Court Backs Church In Discriminatory Discharge Case

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 EmploymentLitigationFederal LawFederal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFirst AmendmentFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Successfully Defends Golden Beach in Labor Arbitration

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 EmploymentGovernment AffairsLocal GovernmentContractsAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanBrett J. SchneiderAlison F. SmithRichard Jay WeissDavid M. WolpinMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAlternative Dispute ResolutionFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

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 EmploymentLitigationGovernment AffairsFederal CourtsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeEdward G. GuedesAlexander L. Palenzuela-MauriBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Alexander L. Palenzuela-Mauri

WSHPC&B Wins Arbitration Victory For Public Employer

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 EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingBrett J. SchneiderAlison F. SmithFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara