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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

Important Changes to Florida's Unemployment Compensation Laws

On June 27, 2011, Governor Rick Scott signed new legislation amending Florida’s unemployment compensation law.  As we reported in our August 26 blog post, the new laws significantly expand the definition of employee misconduct.  The amendments also have important consequences for employee severance pay.

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Categories: Labor and Employment
Tags: Brett J. SchneiderAlison F. SmithUnemployment CompensationEmployee MisconductSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law Attorneys
Author(s): Brett J. Schneider & Alison F. Smith

NLRB Changes Procedures to Speed Up Union Elections; Employer-Friendly Organizations Respond With Lawsuit

On December 21, the National Labor Relations Board (“NLRB”) published a new Rule that will change the procedures for private sector union representation elections.  The Rule, which will take effect on April 30, 2012, shortens the time period between the initial filing of the election petition and the election, unless the parties stipulate to the election date. As a result, the Rule eliminates pre-suit challenges to NLRB rulings such as the appropriate bargaining unit and which workers are eligible to vote in an election.

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Categories: Labor and EmploymentLitigationGovernment Affairs
Tags: Employment AgreementsGovernmental LitigationJamie 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 Attorneys
Author(s): Brett J. Schneider & Brooke P. Dolara

Because Social Media is Discoverable, Businesses Should Take Precautions to Limit Liability

Social media sites and blogs have become increasingly popular among employees for firm marketing and business purposes. These marketing activities offer employers great potential exposure; an August 2011 Nielsen Company study found that Americans spend approximately one-fourth of their time online on social networking sites and blogs. Although these marketing activities can provide employers with positive exposure, social media sites can create a significant litigation risk for companies when employees engage in inappropriate activity online.

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Categories: Labor and EmploymentLitigation
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaDiscoveryEvidenceEmployee MisconductFort 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 LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law Attorneys
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

WSH Website Is An "Outstanding Achievement"

The Interactive Media Association (“IMA”) has awarded Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.’s website with an Outstanding Achievement Award, acknowledging its design as one of the three best law firm website designs for 2011.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsMitchell A. BiermanNina L. BoniskeMitchell J. BurnsteinJamie A. ColeStephen J. HelfmanGilberto PastorizaMichael S. PopokJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort 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 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 Attorneys
Author(s): Brooke P. Dolara

Robert Meyers, Former Executive Director of Miami-Dade Commission on Ethics and Public Trust, Named Of Counsel at WSH

This week, Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. announced the addition of attorney Robert Meyers to our Municipal Government, Governmental Litigation and Special Counsel to Local Government Practice Areas. Robert will be Of Counsel to the firm, and will concentrate his practice on governmental ethics. Robert is the immediate past Executive Director of the Miami-Dade Commission on Ethics and Public Trust. During his thirteen year tenure as Director, he authored hundreds of ethical opinions tackling State, county and municipal ethics codes. Robert also assisted in the drafting of model ethics codes and amendments to existing ethics codes in Miami-Dade County and other local governments. Robert often publishes and lectures on topics of ethics and government leadership.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentAwards & Recognitions
Tags: Governmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentFlorida League of CitiesFlorida City Government WeekAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderGail D. SerotaRichard Jay WeissDavid M. WolpinFort 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 AttorneysRobert Meyers
Author(s): Brooke P. Dolara

Law Firm Alliance Selects WSHPC&B As Sole South Florida Representative

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is proud to have been selected as a member of the Law Firm Alliance, an elite coalition of law firms made up of 60 plus firms and 1500 attorneys throughout the Americas and parts of Europe. The Law Firm Alliance is a loose affiliation of law firms created to provide “competent and responsive” legal services to clients by providing a network of reputable member firms for referral of legal matters. Membership is by invitation only and limited to one firm by geographic area, so inclusion in the Alliance is highly coveted by premier firms. We are thrilled to be the sole South Florida representative in the Alliance. For more information on the Law Firm Alliance, click here.

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Categories: Labor and EmploymentLitigationBankruptcy & Creditors’ RightsGovernment AffairsLocal GovernmentAirports and AviationAwards & RecognitionsConstruction LawReal Estate
Tags: Awards & RecognitionsMitchell A. BiermanGary L. BrownJonathan CohenJamie A. ColeJeffrey DeCarloChad S. FriedmanEdward G. GuedesAleida Martinez MolinaGilberto PastorizaMichael S. PopokTimothy M. RavichClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort 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 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 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 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 Attorneys
Author(s): Brooke P. Dolara

WSHPC&B's Alison Smith Is the New Secretary of the Caribbean Bar Association in South Florida

Alison F. Smith, an associate in our Broward office, has been elected as the Secretary of the Caribbean Bar Association, a voluntary bar association in South Florida with more than 150 lawyers in both the private and public sector that has partnered with numerous international powerhouse organizations to call attention to Caribbean-American issues.  In addition to her new position, Alison provides a substantial amount of her time to the Stephen R. Booher American Inn of Court, a program devoted to improving professionalism and ethics for both the bar and bench. Alison also served as the President of the Student Bar Association at Nova Southeastern University Law School, where she graduated magna cum laude and also served on the NSU Law Review.

You can read more about the Caribbean Bar Association and its mission here.

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Categories: Awards & Recognitions
Tags: Awards & RecognitionsJamie A. ColeRaquel ElejabarrietaEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaAlison F. SmithFort 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 LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law Attorneys
Author(s): Brooke P. Dolara

New Bonus And Severance Pay Restrictions For Public Employees Starts Now

On June 17, 2011, the Governor signed Senate Bill 88, which limits the amount of severance and/or bonus a governmental entity may provide to a contractual employee. The law explicitly provides that no extra compensation shall be made to any officer, agent, employee or contractor after service has been rendered or a contract entered into unless the compensation is allowed by a law enacted by two-thirds of both the Florida House of Representatives and the Florida Senate. Although contracts entered into before July 1, 2011 are grandfathered, municipalities, counties and other units of government in Florida will be required to comply with the new restrictions limiting the availability of bonuses and severance pay for contractual employees.

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Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Mitchell A. BiermanJamie A. ColeRaquel ElejabarrietaChad S. FriedmanBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort 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 LawFort 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 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 Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara