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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

Florida Supreme Court Upholds Mandatory 3% Contributions to Pension Plan by Public Employees

In a much anticipated ruling, the Florida Supreme Court ruled (4-3) against government employees by upholding a 2011 law requiring government employees in Florida to contribute 3% of their earnings to a state retirement fund (i.e., the Florida Retirement System (“FRS”)). The ruling reverses County Circuit Court Judge Jackie Fulford’s ruling that the pension changes were unconstitutional because they impaired the obligation of contracts, took private property without full compensation and impaired the right of government employees to bargain collectively.

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Categories: Labor and Employment
Tags: Public EmployeesPublic EmployersCollective BargainingGovernmental LitigationFlorida Supreme CourtRaquel ElejabarrietaBrett J. SchneiderFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor Lawyer
Author(s): Raquel Elejabarrieta

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

WSH Achieves Dismissal of High-Profile Case for City of Homestead

Last week, WSH Founding Member Joseph H. Serota and Partner Matthew H. Mandel achieved a significant victory for the City of Homestead in a high-profile case brought by a former city employee. Circuit Court Judge Jorge E. Cueto dismissed former city administrator Johanna Faddis’ lawsuit against the city and its elected officials finding that Faddis lied under oath multiple times and thereby forfeited her right to seek relief from the court.

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Categories: Labor and EmploymentLitigationTorts
Tags: Public EmployeesPublic EmployersGovernmental LitigationSpecial Counsel to Local GovernmentJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaMiami 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 AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Litigation Attorney
Author(s): Matthew H. Mandel & 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

District Court Judge Green-Lights Whistleblower Suit Brought Under Dodd-Frank Act

On September 26, a federal district court denied a Motion to Dismiss in a whistleblower case under the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), holding that the plaintiff could establish a prima facie violation of the Dodd-Frank Act based on the allegations contained in the complaint. The decision in Kramer v. Trans-Lux Corp., 3v11cv1424 (SRU) is significant because the Dodd-Frank Act, which was signed into federal law in 2010, provides greater protection against whistleblower retaliation than past legislation aimed at financial reform.

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Categories: Labor and EmploymentLitigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph 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 AttorneysProtected ActivityFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Litigation Attorney
Author(s): Brooke P. Dolara

First DCA Holds Non-Compete Covenants are Transferable Even Under General Assignment of Rights

In today’s business environment, businesses merge and sever with unprecedented frequency. Because change in business ownership is so common, questions may arise as to what rights and obligations a business has into previously agreed-to covenants. A recent case from the First Circuit Court of Appeals gave some good news to such businesses. In DePuy Orthopaedics, Inc. v. Waxman, et al. 2012 WL 3138681 (Fla. 1st DCA, Aug. 3, 2012), the District Court held that non-compete agreements entered into between a distributor and its sales representatives were enforceable where the agreements were properly assigned under a sale of the distributor’s intangible assets. The case is significant because it holds that a mere general assignment of rights and obligations is sufficient to effectuate a transfer of enforcement rights; no formal assignment is needed.

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Categories: Labor and EmploymentLitigationContracts
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 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 AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFort 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