3 years ago
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 Employment, Federal Law
Tags: Public Employees, Public Employers, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider
3 years ago
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:
- The internship is similar to training that would have been given in an educational environment;
- The internship experience is for the benefit of the intern;
- The intern does not displace regular employees, but works under the supervision of existing staff;
- The employer that provides the training derives no immediate advantage from the activities of the intern;
- The intern is not necessarily entitled to a job at the conclusion of the internship; and
- 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. Schneider, National Labor Relations Board, 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 Environmental Law, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers, Fair Labor Standards Act
Author(s): Brett J.Schneider & Brooke P. Dolara
3 years ago
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 Employees, Employment Agreements, Public Employers, Brett J. Schneider, Alison F. Smith, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider
3 years ago
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 Employment, Litigation, Administrative Law
Tags: Employee Misconduct, 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, Equal Employment Opportunity Commission
Author(s): Brett J. Schneider
3 years ago
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 Employment, Litigation, Federal Law
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 Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider
3 years ago
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 Employment, Litigation, Federal Law, Federal Courts
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, Protected Activity, 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
Author(s): Brett J. Schneider
3 years ago
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 Employment, Litigation, Federal Law
Tags: Employment Agreements, 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, 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, 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, Fair Labor Standards Act
Author(s): Brett J. Schneider & Brooke P. Dolara
3 years ago
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/Sustainability, Litigation, Condominium Associations, Local Government, Homeowners' Associations, Appellate Law & Practice, Awards & Recognitions, Land Use & Zoning (Private), Construction Law, Real Estate
Tags: Governmental Litigation, Municipal Government, Special Counsel to Local Government, Gary L. Brown, Jonathan Cohen, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Stephen J. Helfman, Eric P. Hockman, Joshua D. Krut, Gilberto Pastoriza, Matthew J. Pearl, Michael S. Popok, Anthony L. Recio, Brett J. Schneider, Clifford A. Schulman, Joseph H. Serota, Alison F. Smith, Susan L. Trevarthen, 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 Condominium Association Attorneys, Miami Condominium Association Attorneys, South Florida Condominium Association Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, 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 Appellate Law Attorneys, Miami Appellate Law Attorneys, South Florida Appellate Law 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, 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, Miami Construction Lawyer, Miami Commercial Litigation 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
3 years ago
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 Employment, Contracts, Alternative Dispute Resolution
Tags: Public Employees, Public Employers, Collective Bargaining, 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, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara
3 years 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
