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

3 weeks ago

Today U.S. District Judge Ursula Ungaro ruled that Governor Rick Scott’s Executive Order 11-58 providing for pre-employment drug testing and random drug testing of state employees violates the Fourth Amendment ban on unreasonable searches and seizures. See American Federation of State County and Municipal Employees (AFSCME) Council 79 v. Rick Scott, Case No. 11-civ-21976-UU. “To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing,” Judge Ungaro wrote in her order, citing previous U.S. Supreme Court orders that ruled that urine tests are considered government searches.

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Categories: Labor and Employment, Litigation, Government Affairs, Federal Law, Federal Courts
Tags: Public Employees, Employment Agreements, Public Employers, Governmental Litigation, Municipal Government, Jamie A. Cole, Raquel Elejabarrieta, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

Founding Member Richard Jay Weiss to Speak at Good Government Initiative

2 months ago

On March 22, Founding Member Richard Jay Weiss will be speaking at the Good Government Initiative as part of a four member panel discussing “The Tension over Pensions: Good Public Policy or Obsolete Extravagance?” The Good Government Initiative is a program that provides early-career elected and appointed officials with leadership training and community conversations with the public to consider issues important to governance in the community. The Good Government Initiative was founded by former Miami-Dade Commissioner Katy Sorenson, who will serve as the moderator for the upcoming panel.

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Categories: Labor and Employment, Litigation, Government Affairs, Local Government, Contracts
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Sunshine Law, Governmental Litigation, Municipal Government, Ethics, Special Counsel to Local Government, Awards & Recognitions, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Richard Jay Weiss, David M. Wolpin, Unemployment Compensation, Employee Misconduct, National Labor Relations Board, Fort Lauderdale Local Government Law, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Municipal Attorneys, Miami Municipal Attorneys, South Florida Municipal Attorneys, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brooke P. Dolara

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

2 months ago

In a long awaited opinion, Judge Jackie Fulford issued a decision on March 6, 2012, in which shedeclared unconstitutional a requirement that government employees in Florida contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System). Judge Fulford wrote in her opinion that the Legislature committed “an unconstitutional impairment of plaintiff’s contract with the State of Florida, an unconstitutional taking of private property without full compensation, and an abridgement of the rights of public employees to collectively bargain over conditions of employment.” This ruling could cost the state more than $1 billion a year. The ruling does not impact the 3% contribution to the state retirement fund from employees hired after July 1, 2011, when the law went into place.

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Categories: Labor and Employment, Litigation, Constitutional Law, Contracts
Tags: Public Employees, Public Employers, Collective Bargaining, Governmental Litigation, Special Counsel to Local Government, Florida Supreme Court, Jamie A. Cole, Raquel Elejabarrieta, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Florida Legislature, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Raquel Elejabarrieta

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

3 months ago

In a case of first impression, the Eleventh Circuit Court of Appeals (the “Court”) has held that the Family Medical Leave Act (“FMLA”) protects employees’ pre-eligibility requests for post-eligibility leave. The case, Pereda v. Brookdale Senior Living Communities, Inc., ---- F. 3d -----, 2012 WL 43271 (11th Cir. Jan. 10, 2012), should provide guidance to Florida employers dealing with the question of whether an employee is engaging in “protected activity” under the FMLA.

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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Eleventh Circuit Court of Appeals, Family Medical Leave Act, Protected Activity, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Commercial Litigation Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

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

4 months ago

On January 23, the Daily Business Review released the names of the 25 most diverse law firms in South Florida. This year, WSH was named the 10th most diverse firm, coming ahead of large law firms such as Greenberg Traurig, Akerman Senterfitt, and Becker & Poliakoff.

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

4 months ago

We are thrilled to report that several WSH attorneys were recently selected as Super Lawyers and Rising Stars by Super Lawyers magazine.

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

4 months ago

On January 11, the United States Supreme Court held for the first time that federal discrimination laws do not protect church employees who perform religious duties. In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 2012 WL 75047 (Jan. 11, 2007), the Court recognized that the “ministerial exception” under the First Amendment protects religious institutions from discriminatory discharge where the former employee qualifies as a “minister.” Although the term “minister” is not strictly defined, the term may apply to those who conduct worship or serve as a messenger or teacher of faith.

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Categories: Labor and Employment, Litigation, Federal Law, Federal Courts, Constitutional Law
Tags: Jamie A. Cole, Edward G. Guedes, Michael S. Popok, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Commercial Litigation Attorney, South Florida Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Matthew H. Mandel, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, First Amendment, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Fort Lauderdale Commercial Litigation Attorneys, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Successfully Defends Golden Beach in Labor Arbitration

4 months ago

Last week, WSH obtained a significant arbitration victory for the Town of Golden Beach in a case involving a former police officer who was terminated for sleeping on the job.

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Categories: Labor and Employment, Government Affairs, Local Government, Contracts, Alternative Dispute Resolution
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Municipal Government, Special Counsel to Local Government, Mitchell A. Bierman, Jamie A. Cole, Chad S. Friedman, Brett J. Schneider, Alison F. Smith, Richard Jay Weiss, David M. Wolpin, Miami Local Government Law, South Florida Local Government Law, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Alternative Dispute Resolution, Florida Employment Attorneys, Florida Labor Lawyers, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, South Florida Employment Lawyers
Author(s): Brooke P. Dolara

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

5 months ago

In Glenn v. Brumby, 1:08-CV-02360-RWS (11th Cir. December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination when it terminates an employee because of gender-nonconformity when the employee announces that he or she is planning to transition from one sex to another. The case is significant because it contradicts earlier cases that relied on Congress’s intent in passing Title VII of the Civil Rights Act of 1964 to find that the law only protected against discrimination so that the sexes would be treated equally and did not protect those who were transitioning.

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Categories: Labor and Employment, Litigation, Government Affairs, Federal Courts, Constitutional Law
Tags: Governmental Litigation, Mitchell A. Bierman, Jamie A. Cole, Edward G. Guedes, Alexander L. Palenzuela-Mauri, Brett J. Schneider, Joseph H. Serota, Fort Lauderdale Governmental Affairs Attorneys, Miami Governmental Affairs Attorneys, South Florida Governmental Affairs Attorneys, Matthew H. Mandel, Miami Appellate Law Attorneys, South Florida Appellate Law Attorneys, Fort Lauderdale Litigators, Miami Litigators, Fort Lauderdale Constitutional Law Attorneys, Miami Constitutional Law Attorneys, South Florida Constitutional Law Attorneys, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Eleventh Circuit Court of Appeals, Florida Commercial Litigation Lawyer, Florida Labor Lawyers, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Commercial Litigation Attorney, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Alexander L. Palenzuela-Mauri

WSHPC&B Wins Arbitration Victory For Public Employer

10 months ago

On June 29, 2011, our Firm obtained a significant arbitration victory for the City of Lauderhill in a labor dispute with AFSCME Local 2942. Brett J. Schneider and Alison F. Smith successfully defended the City against claims that the City violated its collective bargaining agreement when it laid off several employees without honoring their right to "bump" (replace) employees in the same classification with less seniority. In his decision, the arbitrator stated that the evidence showed that the City acted in good faith and was faithful to its contractual responsibilities under the agreement.

Click here to read the Opinion & Final Award.

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Categories: Labor and Employment, Government Affairs, Local Government
Tags: Public Employees, Employment Agreements, Public Employers, Collective Bargaining, Brett J. Schneider, Alison F. Smith, Fort Lauderdale Business Litigation Attorneys, Fort Lauderdale Business Litigation Lawyers, Miami Commercial Litigation Attorney, Miami Commercial Litigation Lawyer, South Florida Business Dispute Litigation Attorneys, South Florida Business Dispute Litigation Lawyers, Fort Lauderdale Litigators, Miami Litigators, South Florida Litigators, Fort Lauderdale Employment Law Attorneys, Miami Employment Law Attorneys, South Florida Employment Law Attorneys, Fort Lauderdale Labor Law Attorneys, Miami Labor Law Attorneys, South Florida Labor Law Attorneys, Florida Commercial Litigation Lawyer, Florida Employment Attorneys, Florida Labor Lawyers, Florida Litigation Attorneys, Fort Lauderdale Civil Litigation Attorneys, Fort Lauderdale Employment Lawyer, Fort Lauderdale Employment Lawyer, Miami Employment Attorney, Miami Employment Attorney, Miami Labor Lawyer, Miami Litigation Attorney, South Florida Employment Lawyers
Author(s): Brooke P. Dolara

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